Appeal Court Halts Deregistration of ADC, Four Other Political Parties, Faults Federal High Court Judge

 

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.

In a unanimous ruling delivered on Tuesday, a three-member panel of the appellate court led by Justice A.B. Mohammed criticised Justice Peter Lifu of the Federal High Court, Abuja, for proceeding with the matter despite an earlier order of the Court of Appeal directing him to suspend further action in the case.

The appellate court described the trial judge's conduct as a serious breach of judicial hierarchy and constitutional provisions, noting that the lower court proceeded to deliver judgment despite a subsisting order restraining it from doing so.

According to the panel, such action amounted to a blatant disregard for the authority of the appellate court and undermined the integrity of the judicial system. The court further cited Supreme Court authorities which described similar conduct as judicial impropriety.

Consequently, the Court of Appeal granted the application for a stay of execution and ordered that enforcement of the judgment be suspended pending the determination of the appeals filed by the affected political parties.

During the proceedings, INEC's lead counsel, Haliru Mohammed, informed the court that the commission was unaware that the judgment had been delivered and only learned about it through media reports. He stated that INEC was not officially notified and therefore did not oppose the application seeking a stay of execution.

Counsel to the ADC, Shuaibu Aruwa (SAN), disclosed that notification of the judgment was communicated to the party through WhatsApp, a revelation that reportedly drew reactions from members of the appellate panel.

Aruwa urged the court to take decisive steps to protect the integrity of the judiciary, arguing that the actions of the trial judge could create confusion within the nation's legal system.

Other affected parties also warned that implementation of the judgment could disrupt preparations for the June 20 by-elections scheduled to take place in six states, potentially creating electoral and constitutional challenges.

The Federal High Court had earlier ordered INEC to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party and Zenith Labour Party (ZLP), on the grounds that they failed to meet constitutional requirements for continued registration.

However, with the latest ruling of the Court of Appeal, the five political parties will remain registered and eligible to participate in electoral activities pending the final determination of their appeals.