The Court of Appeal in Abuja has ordered a stay of execution of the Federal High Court judgment that directed the Independent National Electoral Commission to deregister the African Democratic Congress and four other political parties.
The other affected parties are the Action Peoples Party, Action Alliance, Accord Party, and Zenith Labour Party.
In a unanimous decision, a three-member panel of the appellate court led by Justice A. B. Mohammed faulted Justice Peter Lifu of the Federal High Court, Abuja, for delivering judgment in the matter despite an earlier order of the Court of Appeal directing him to suspend proceedings.
The appellate court held that Justice Lifu’s decision to proceed with the judgment, despite its order of May 22, amounted to an affront to the hierarchy of courts.
According to the Court of Appeal, the conduct of the lower court was “the highest form of judicial impertinence.”
The court said the Supreme Court had previously held that a judge who acts in such manner is “unfit for the bench,” describing such conduct as judicial rascality.
“Courts are enjoined to protect their integrity. This court has supervisory authority over the trial court. 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 the court and the 1999 Constitution,” the appellate court held.
The court further stated that it had a duty to invoke its powers to ensure compliance with its orders.
“The application for stay of execution is hereby granted. The enforcement of the judgment is stayed,” the court ruled.
Justice Lifu had earlier ordered INEC to deregister the five political parties on the ground that they allegedly failed to meet the constitutional requirements for their continued existence and participation in future elections.
The Federal High Court had also barred INEC from according recognition to the affected parties, accepting nominations of candidates from them, or giving effect to their activities for the purpose of participating in the 2027 general elections.
Justice Lifu further ordered the defendants to stop parading themselves as registered political parties in Nigeria.
The judgment followed a suit filed by the National Forum of Former Legislators, marked FHC/ABJ/CS/2637/2026.
The group had asked the court to determine whether INEC had a constitutional obligation to remove political parties that allegedly failed to meet the electoral performance thresholds prescribed under Section 225A of the 1999 Constitution, as amended, and reinforced by the Electoral Act 2022 and INEC regulations.
The plaintiff argued that the affected parties had persistently failed to meet the constitutional benchmarks required to retain their registration.
It contended that political parties must win at least 25 per cent of votes in one state during a presidential election or secure at least one elective seat at the national, state, or local government level to remain registered.
The former legislators also alleged that the ADC and the four other parties performed poorly in the 2023 general elections and subsequent by-elections conducted by INEC.
They maintained that the continued recognition of the parties undermined the integrity of Nigeria’s electoral system.
Following the Federal High Court judgment, INEC approached the Court of Appeal seeking a stay of execution.
With the appellate court’s ruling, the enforcement of the deregistration order has now been suspended pending further proceedings.
The post “Highest Form Of Judicial Impertinence” — Court Of Appeal Stays FHC Judgment Ordering INEC To Deregister ADC, Accord, AA, APP, ZLP appeared first on TheNigeriaLawyer.
More details here...
