The Court of Appeal in Abuja, on Tuesday, ordered a stay of execution of a judgment delivered by Justice Peter Lifu of the Federal High Court, which directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four others for failing to meet the constitutional requirements for political parties in the country.
The Federal High Court, Abuja Division, had ordered INEC to deregister the ADC, Action People’s Party (APP), Action Alliance (AA), Zenith Labour Party (ZLP) and Accord Party (AP).
A three-member panel of the appellate court, led by Justice A.B. Mohammed, faulted Justice Lifu for disregarding an order, dated May 22, which had directed him to suspend the proceedings before him, in line with the principles of judicial precedent and court hierarchy.
The panel said the lower court’s decision to proceed with the judgment despite the Appeal Court’s express order is a brazen violation of the court hierarchy and the 1999 Constitution.
“The decision of the lower court to proceed with the judgment despite the express order of this court is the highest form of judicial impertinence,” it said.
The panel emphasised that it has supervisory authority over the trial court and would not hesitate to invoke its powers to ensure compliance with its orders.
“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 stated.
Earlier, the Accord Party brought the interlocutory appeal before the Appeal Court, in a case challenging a ruling of the High Court dated April 27, which refused to grant an application for joinder in the deregistration suit instituted by the Incorporated Trustees of the National Forum of Former Legislators.
During the hearing, the five affected political parties said Justice Lifu’s order endangered the parties’ preparations for by-elections scheduled to be held across several senatorial and federal constituencies in six states on June 20, as well as the off-cycle Ekiti State governorship election.
The respondents in the suit urged the court to exercise its disciplinary powers over the trial court’s ruling.
