The Court of Appeal in Abuja has ordered a stay of execution on a controversial High Court judgment that sought to deregister the African Democratic Congress (ADC) and four other political parties, describing the lower court’s action as a serious breach of judicial discipline and hierarchy.
The affected parties include the African Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP).
The appellate court, in a strongly worded ruling, faulted the decision of Justice Peter Lifu, who had earlier ordered the deregistration of the parties on grounds that they allegedly failed to meet constitutional requirements for continued existence and participation in elections.
However, the Court of Appeal held that proceedings at the lower court should not have continued in view of its earlier directive, stressing that the judge acted in disregard of a subsisting order.
Describing the development as “the highest form of judicial impertinence,” the appellate panel said the conduct amounted to “judicial rascality,” noting that it undermines the constitutional hierarchy of courts.
The court further held that Justice Lifu’s decision to proceed with the matter despite the pendency of an appeal amounted to a brazen violation of established judicial procedure.
“The court has supervisory authority over the trial court. The decision of the lower court to proceed in the face of an express order of this court is a violation of the hierarchy of courts and the Constitution,” the panel held.
It added that courts must act to preserve their integrity, insisting that disobedience to appellate orders cannot be tolerated within the judicial system.
Consequently, the appellate court granted the application for stay of execution, effectively suspending enforcement of the deregistration order pending the determination of the substantive issues before it.
The Independent National Electoral Commission (Independent National Electoral Commission (INEC)) had been directed by the High Court to delist the five political parties over alleged failure to meet constitutional thresholds for continued registration.
The ruling has sparked renewed debate over judicial authority, party deregistration powers, and the limits of lower court jurisdiction where appellate intervention is already in place.
FOLLOW US
FOR MORE HERE
More details here…
