By Our Correspondent
National News – The Court of Appeal in Abuja has ordered a stay of execution of the Federal High Court judgment directing the Independent National Electoral Commission (INEC) to deregister five political parties, including the African Democratic Congress (ADC).
In a unanimous ruling delivered on Tuesday, a three-member panel led by Justice A.B. Mohammed faulted the decision of the trial judge, Justice Peter Lifu, for proceeding to deliver judgment despite an earlier order of the appellate court restraining further action in the matter.
The appellate court described the lower court’s action as a violation of judicial hierarchy and constitutional provisions, stressing that courts must respect and obey orders issued by superior courts.
“The decision of the lower court to proceed with the judgment despite the express order of this court is a brazen violation of the hierarchy of courts and the Constitution,” the panel held.
The court further cited Supreme Court precedents, characterising the action as “judicial impertinence” and warning that such conduct undermines the integrity of the judiciary.
Granting the application for a stay of execution, the appellate court said it was exercising its supervisory powers to ensure compliance with its orders and preserve the sanctity of the judicial process.
“The application for stay of execution is hereby granted. The enforcement of the judgment is stayed,” the court ruled.
During proceedings, INEC’s lead counsel, Haliru Mohammed, told the court that the commission was unaware that the judgment had been delivered and only learned about it through media reports. He noted that INEC had been aware of the Court of Appeal’s May 22 order restraining the trial court from delivering the judgment.
Mohammed informed the court that the commission did not oppose the application seeking a stay of execution and aligned itself with the appeals filed by the affected political parties.
Counsel for the ADC, Shuaibu Aruwa (SAN), told the court that notification of the judgment was sent to the party through WhatsApp, a development that reportedly drew concern from members of the appellate panel.
Aruwa described the conduct of the trial court as capable of creating judicial uncertainty and urged the Court of Appeal to take steps to protect the integrity of the judiciary.
Other affected parties also warned that allowing the judgment to stand could disrupt preparations for by-elections scheduled for June 20 in six states, potentially creating electoral and constitutional complications.
Justice Lifu had earlier ordered INEC to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party and Zenith Labour Party (ZLP), holding that the parties failed to satisfy constitutional requirements for continued registration and participation in elections.
However, with the Court of Appeal’s latest ruling, the five political parties will remain registered pending the determination of their appeals.
