THE Court of Appeal in Abuja has ordered a stay of execution on the judgment delivered by Justice Peter Lifu of the Federal High Court, which directed the deregistration of the African Democratic Congress (ADC) and four other political parties.
The appellate court suspended the enforcement of the ruling pending the determination of the appeal, describing the lower court’s actions as a violation of judicial hierarchy.
In a strongly worded decision delivered today, the appellate panel criticised Justice Lifu for proceeding with the matter despite an existing order from the Court of Appeal and the pendency of related proceedings before it.
The court described the trial judge’s conduct as “the highest form of judicial impertinence” and said it amounted to “judicial rascality”.
According to the panel, the lower court disregarded the authority of the appellate court by delivering judgment despite an express order to the contrary.
“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 courts and the provisions of the 1999 Constitution,” the appellate court held.
The justices stressed that the Court of Appeal has supervisory authority over lower courts and a duty to protect the integrity of the judicial system.
Consequently, the court granted the application for a stay of execution, effectively halting the implementation of the judgment.
Justice Lifu had earlier directed the Independent National Electoral Commission (INEC) to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP), ruling that the parties failed to satisfy constitutional requirements necessary for their continued participation in Nigeria’s electoral process.
The latest ruling means the affected political parties will retain their legal status pending the resolution of the appeal.