A dramatic legal battle over the future of five opposition political parties took a new turn on Tuesday as the Court of Appeal suspended a Federal High Court judgment that ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other parties.
The appellate court, sitting in Abuja, granted a stay of execution of the controversial ruling delivered just a day earlier by Justice Peter Lifu of the Federal High Court. In a unanimous decision, the three-member panel criticized the trial judge for proceeding with the case despite an earlier order from the Court of Appeal directing that proceedings be halted pending the determination of an appeal.
Delivering the lead ruling, Justice A. Muhammed described the lower court’s action as a clear disregard for judicial authority. The court said Justice Lifu acted contrary to a subsisting order that had stopped further proceedings and described the conduct as “judicial impertinence” and “judicial rascality.”
The Federal High Court had on Monday ordered INEC to deregister the African Democratic Congress (ADC), Accord, Action Alliance, Action Peoples Party, and Zenith Labour Party. The judgment followed a suit filed by the National Forum of Former Legislators, which argued that the parties had failed to meet constitutional requirements necessary to maintain their registration.
The ruling immediately sparked political concerns because of its potential impact on upcoming elections. ADC presidential candidate Atiku Abubakar and Osun State Governor Ademola Adeleke, who is seeking re-election on the Accord platform in the August 15 governorship election, were among the prominent political figures whose electoral prospects could have been affected if the judgment had stood.
During Tuesday’s proceedings, INEC backed the request for a stay of execution and aligned itself with the appeals filed by the affected political parties. Counsel to the commission, Haliru Mohammed, told the court that INEC only learned of the judgment through media reports and emphasized that the appellate court had already issued an order on May 22 restraining the Federal High Court from delivering judgment until the appeal was resolved.
ADC’s lawyer, Senior Advocate of Nigeria Shuaibu Aruwa, argued that the trial court ignored the authority of the appellate court by proceeding with the judgment. He urged the Court of Appeal to take firm action to protect its supervisory powers over lower courts. Lawyers representing other affected parties also warned that implementing the deregistration order could create confusion around preparations for upcoming by-elections and other electoral activities.
After considering the submissions, the Court of Appeal invoked its supervisory powers and ordered that the judgment be suspended pending the hearing and determination of the substantive appeal. The court fixed June 25 for the continuation of proceedings.
The deregistration judgment has triggered widespread criticism from opposition parties and civil society groups. ADC National Publicity Secretary Bolaji Abdullahi vowed that the party would challenge the ruling through all available legal avenues. Governor Adeleke also condemned the Federal High Court decision, insisting that the matter was already before the Court of Appeal and describing the lower court’s action as an abuse of judicial process. Meanwhile, a civil society organisation, Tap Initiative for Citizens’ Development, has petitioned the Chief Justice of Nigeria and the National Judicial Council, seeking an investigation into Justice Lifu’s conduct.
