THE Court of Appeal in Abuja has suspended the execution of a judgment delivered by Justice Peter Lifu of the Federal High Court, which ordered the deregistration of the African Democratic Congress (ADC) and four other political parties.
News Point Nigeria reports that the appellate court also delivered a scathing assessment of the lower court’s conduct, describing the action as a blatant disregard for judicial hierarchy and existing court orders.
The parties affected by the Federal High Court judgment are the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
In its ruling, the Court of Appeal ordered a stay of execution of the judgment and halted any attempt to enforce the deregistration directive pending the determination of issues before it.
The appellate panel held that Justice Lifu acted despite a subsisting order of the Court of Appeal and while the matter remained pending before the higher court.
According to the justices, the trial judge exhibited what they described as judicial rascality by proceeding to hear and determine the matter in spite of clear directives from the appellate court.
The court further held that Justice Lifu’s conduct amounted to a direct affront to the hierarchy of courts and the constitutional order governing the administration of justice in Nigeria.
Describing the development in strong terms, the appellate court stated that the action represented “the highest form of judicial impertinence.”
The justices noted that the Supreme Court had previously held that any judge who acted in such a manner was “unfit for the bench,” characterising 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.
“This court has the duty to invoke its powers in ensuring that its orders are obeyed.
“The application for a stay of execution is hereby granted. The enforcement of the judgment is stayed,” the appellate court ruled.
The decision effectively suspends the implementation of Justice Lifu’s earlier judgment, which had directed the Independent National Electoral Commission (INEC) to deregister the five political parties.
In the disputed judgment, the Federal High Court held that the ADC, APP, AA, AP and ZLP failed to satisfy constitutional performance requirements necessary for their continued existence as registered political parties.
The lower court had concluded that the parties failed to meet the constitutional thresholds required to justify their continued participation in Nigeria’s electoral process and future elections.
However, with the Court of Appeal granting a stay of execution and sharply criticising the trial court’s handling of the matter, the deregistration order has now been put on hold pending the final determination of the legal dispute.