A frontline lawyer and member of the African Democratic Congress, ADC legal team, Kalu Kalu, has described Justice Peter Lifu’s order to the Independent National Electoral Commission, INEC, to de-register the party and four others as a useless ruling.
He said that the Monday, June 15 ruling of the Federal High Court, Abuja was deeply flawed.
Speaking on Arise News, Kalu noted that the actions of Justice Lifu, have come under scrutiny following a Court of Appeal ruling staying proceedings at the Federal High Court.
He pointed out that the decisions of the Court of Appeal are binding on lower courts but despite the order being brought to Justice Lifu’s attention he went ahead to deliver the ruling.
“This is a very useless judgment. Very, very useless judgment. Even a university student, a law university student, will tell you that once a Court of Appeal gives any judgment or ruling, that the lower court is bound by that ruling,” he said.
He continued, “I mean, ordinary law students in the university, let alone a senior judge. The Court of Appeal gave a ruling staying proceedings at the Federal High Court, and it’s not as if that the ruling was not brought to the attention of my Lord Honorable Justice Peter Lifu. It was brought to his attention.
“Let me now please let Nigerians know how the genesis of this matter. The plaintiff in this matter filed this action in December last year in the name of name of National Forum of Former Legislators, which is a non-juristic personality.
“When they now realized that the name it used in suing the defendants was not a juristic person, on their own volition, without the order of court, amended the process and then changed the jurisdiction personality of the plaintiff and then added the ‘incorporated trustees’ without the order of court.
“By the initial process filed in December, Zenith Labour Party, ZLP, was not even a party, Accord was not even a party. On their own volution, without the order of the court, added this other defendants in the matter. When it was now challenged, Justice Lifu resurrected a dead matter and granted their the application for amendment. It was that order that the plaintiff should now amend their process that triggered the appeal.
“When the appeal was pending. When the appeal entered, we came back to Justice Lifu for stay of proceedings in his court he dismissed all applications as the Court of Appeal in our favor, ordered Justice Lifu to stay further proceedings in the matter, and the order was served on him. The order was brought before him. He acknowledged service of the order on the court. He went ahead, disregarding the order of the court of appeal.”
DAILY POST recalls that Justice Peter Lifu of the Federal High Court in Abuja, on Monday ordered INEC, to immediately deregister the ADC, Accord Party and others from participating in the 2027 general elections.
Notedly, the case, filed by the National Forum of Former Legislators, sought the deregistration of the ADC and four other political parties.
