DEREGISTRATION JUDGEMENT: ADC, Accord, 3 Others Get Reprieve As Appeal Court Halts Execution

Lower court judge lambasted for delivering judgement despite pending order

The Abuja Division of the Court of Appeal has lambasted Justice Peter Lifu of the Federal High Court, Abuja, over the judgement he delivered on Monday, which ordered the Independent National Electoral Commission (INEC) to deregister five political parties.

The Court of Appeal said Justice Lifu exhibited judicial rascality by proceeding to hear and deliver the judgement despite the appellate court’s earlier order and the pendency of the matter before it.

The court subsequently ordered a stay of execution of the judgement.

Justice Lifu had ordered the deregistration of five political parties: African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Zenith Labour Party (ZLP), and Accord Party (AP).

The High Court held that the parties failed to meet the constitutional threshold set out in Section 225 of the 1999 Constitution.

Section 225 of the Constitution empowers INEC to deregister political parties that fail to meet stipulated constitutional requirements.

However, the panel of Justices of the Court of Appeal, led by Justice Abbah Mohammed and flanked by Justice Okon Abang and Justice Donatus Okorowo, ordered the lower court to halt proceedings in the matter until the case is heard and determined.

Justice Mohammed held that the decision of the lower court to proceed with the judgement despite the express order of the appellate court amounted to a brazen violation of judicial hierarchy and the Constitution.

“The decision of the lower court to proceed with the judgement despite the express order of this court is a brazen violation of the hierarchy of the court and the 1999 Constitution,” he said.

The appellate court went further to invoke a Supreme Court precedent in condemning Justice Lifu’s conduct.

“The decision of the lower court to proceed with the judgement despite the express order of this court is the highest form of judicial impertinence. The Supreme Court has previously held that a judge who acts in such a manner is unfit for the bench, as it amounts to judicial rascality,” the court stated.

The court added that it had a duty to assert its supervisory authority over lower courts and protect the integrity of the judicial hierarchy.

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

Before the ruling, the plaintiff in the matter, the National Forum of Former Legislators (NFFL), disagreed with submissions by the Accord Party and the four other political parties before the Court of Appeal seeking to suspend any move by INEC to implement the order.

At the hearing before the Court of Appeal in Abuja on Tuesday, Accord Party’s lawyer, Musibau Adetunbi (SAN), drew the attention of the justices to the alleged violation by the lower court, which proceeded to deliver judgement despite a pending order of 22 May staying further proceedings.

He said the order was issued by a three-member panel comprising Justices Mohammed Danjuma, Adebukola Banjoko and Oyejoju Oyewumi. He urged the appellate court to stay proceedings until all issues in the appeal were resolved.

He added that all relevant processes had been filed, including an affidavit of facts on 26 May, only for them to receive notice on Monday that the court intended to deliver judgement.

“Myself and counsel for the fourth respondent and sixth respondent (APP) drew the attention of his Lordship to your Lordships’ order. His Lordship ignored the order and proceeded to deliver judgement,” he said.

“For over 25 years of my practice, I have never seen such a direct affront to the administration of justice. The judgement was delivered in clear violation of your Lordships’ order and a gross violation of Section 287(2) of the Nigerian Constitution, which his Lordship swore to uphold,” Adetunbi added.