The Court of Appeal in Abuja has ordered a stay of execution on a Federal High Court judgment that directed the Independent National Electoral Commission, INEC, to deregister five political parties, including the African Democratic Congress, ADC.
The ruling was delivered on Tuesday by a three member panel headed by Justice A. B. Mohammed. In its decision, the appellate court strongly criticised the actions of Justice Peter Lifu of the Federal High Court, Abuja, accusing him of proceeding with the matter despite an earlier directive from the Appeal Court instructing him to halt further proceedings.
According to the panel, the lower court had been expressly ordered on May 22 to suspend action on the case. The justices described the decision to go ahead and deliver judgment regardless of that order as a direct violation of judicial hierarchy and constitutional principles.
The court maintained that the conduct undermined the authority of superior courts and amounted to a serious disregard for established judicial procedures. It stressed that lower courts are obligated to comply with the directives of appellate courts and cannot act contrary to such orders.
In its observations, the Appeal Court relied on an existing Supreme Court decision to underscore the seriousness of the matter. The panel noted that proceeding with a judgment in defiance of a valid court order represented one of the most severe forms of judicial misconduct.
The justices further stated that previous pronouncements by the Supreme Court had characterised such behaviour as judicial rascality, adding that actions of that nature raise serious concerns about a judge’s suitability for the bench.
Reaffirming its supervisory powers over lower courts, the Appeal Court said it was necessary to protect the integrity of the judicial system and ensure that its orders are respected and enforced.
The panel emphasised that preserving discipline within the court structure is essential to maintaining public confidence in the administration of justice. Consequently, it granted the application for a stay of execution and ordered that the enforcement of the Federal High Court judgment be suspended pending further proceedings.
