The Court of Appeal in Abuja has ordered a stay of execution on a Federal High Court judgment that directed the deregistration of five political parties, including the African Democratic Congress (ADC).
The affected parties are the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
Justice Peter Lifu of the Federal High Court had earlier ordered the Independent National Electoral Commission (INEC) to deregister the parties, ruling that they failed to meet constitutional requirements necessary for their continued existence and participation in elections.
However, a panel of the Court of Appeal suspended the enforcement of that judgment, pending the determination of the matter before it.
In a strongly worded ruling, the appellate court criticised Justice Lifu for proceeding with the case despite an earlier order from the Court of Appeal and while the matter was still pending before it.
The court described the trial judge’s conduct as “the highest form of judicial impertinence” and said his actions amounted to “judicial rascality”. According to the appellate court, proceeding to hear and determine the case despite the subsisting appellate order was a direct violation of the judicial hierarchy established by the Constitution.
The justices stated that lower courts are bound by decisions and directives from higher courts, adding that the trial court’s action represented a brazen disregard for that principle.
The Court of Appeal stressed that it has supervisory authority over lower courts and must protect the integrity of the judicial system by ensuring compliance with its orders.
As a result, it granted the application for a stay of execution, meaning the deregistration order cannot be enforced for now.
The ruling comes after the ADC publicly rejected the deregistration order and alleged that it was part of an attempt to weaken opposition parties ahead of future elections.
