BREAKING: Appeal Court stays judgment ordering INEC to deregister ADC, other parties

The Court of Appeal in Abuja has ordered a stay of execution of the judgment directing the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.

The appellate court, in a unanimous ruling delivered on Tuesday by a three-member panel led by Justice A.B. Mohammed, granted the application seeking to halt enforcement of the Federal High Court judgment pending the determination of the appeal.

In its decision, the court faulted the conduct of Justice Peter Lifu of the Federal High Court, Abuja, for proceeding to deliver judgment despite an earlier order issued by the Court of Appeal on May 22 directing him to suspend proceedings in the matter.

The panel described the action as a violation of the judicial hierarchy and the provisions of the Constitution, stressing that lower courts are bound to obey the orders of superior courts. “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,” it held.

The appellate court further cited a Supreme Court precedent, describing the action as “the highest form of judicial impertinence” and noting that such conduct had previously been characterised by the apex court as judicial rascality.

The court maintained that it had a responsibility to protect the integrity of the judiciary and exercise its supervisory powers over lower courts to ensure compliance with lawful orders.

“Courts are enjoined to protect their integrity. This court has supervisory authority over the trial court. This court has the duty to invoke its powers in ensuring that its orders are obeyed. The application for stay of execution is hereby granted. The enforcement of the judgment is stayed,” the panel ruled.

Earlier during the proceedings, INEC told the court that it was surprised by the delivery of the judgment, stating that it only became aware of the ruling through media reports. Counsel to the commission, Haliru Mohammed, informed the panel that INEC was aware of the Court of Appeal’s May 22 order restraining the lower court from delivering the judgment, which had initially been scheduled for June 5.