The Court of Appeal in Abuja has suspended the enforcement of a federal high court judgment that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties, pending the determination of appeals filed against the ruling.
In a unanimous decision delivered on Tuesday, a three-member panel led by Justice A.B. Mohammed granted a stay of execution, preventing the Independent National Electoral Commission (INEC) from implementing the controversial judgment.
The appellate court strongly criticised Justice Peter Lifu, the trial judge for proceeding to deliver the judgment despite an earlier directive from the Court of Appeal instructing him to halt further proceedings in the matter.
According to the panel, the lower court’s action amounted to a serious violation of judicial hierarchy and constitutional provisions governing the administration of justice.
The court maintained that lower courts are bound to obey orders issued by superior courts, stressing that disregard for such directives undermines the integrity of the judicial system.
INEC, through Haliru Mohammed, its counsel informed the court that the commission was surprised by the delivery of the judgment and only became aware of it through media reports. He said the electoral body had not received any formal notice regarding the judgment and therefore did not oppose the application seeking to suspend its enforcement.
The commission also indicated support for the appeals filed by the affected political parties.
Shuaibu Aruwa (SAN), counsel for the ADC told the court that notification of the judgment was sent to the party through WhatsApp, a revelation that reportedly drew concern from members of the appellate panel.
Aruwa argued that the conduct of the trial court could create uncertainty within the judicial process and urged the Court of Appeal to take steps to protect the credibility of the judiciary.
Lawyers representing the affected parties also warned that allowing the judgment to stand could disrupt preparations for the June 20 by-elections scheduled to hold in six states across the country.
Justice Lifu had earlier ruled that the ADC, Action Peoples Party, Action Alliance, Accord Party and Zenith Labour Party failed to satisfy constitutional requirements necessary for their continued registration and participation in future elections, directing INEC to remove them from its register of political parties.
However, with the latest ruling from the Court of Appeal, the five political parties will remain legally recognised and eligible to participate in electoral activities until the appeals against the Federal High Court judgment are fully determined.