Appeal Court Halts Deregistration Of ADC, Four Other Parties, Rebukes Justice Lifu For ‘Judicial Rascality’

Appeal Court Halts Deregistration Of ADC, Four Other Parties, Rebukes Justice Lifu For ‘Judicial Rascality’

Appeal Court suspends parties’ deregistration, condemns trial judge for defying its stay order.

Temporary relief came the way of former Vice President Atiku Abubakar, Osun State Governor, Senator Ademola Adeleke, and other candidates from five political parties, following the suspension of an order of a Federal High Court, which ordered their deregistration.

A three-member panel of the Court of Appeal in a unanimous ruling, on Tuesday, suspended the execution of the judgement of the trial court on the grounds that it was delivered without jurisdiction.

While Atiku is the presidential candidate of the ADC for the 2027 general election, Adeleke is the governorship candidate of Accord in the off-circle election slated for August this year.

Justice Peter Lifu had in a judgement on Monday ordered the Independent National Electoral Commission (INEC) to deregister African Democratic Congress (ADC), Accord, Action Alliance (AA), Action Peoples Party (APP), and Zenith Labour Party (ZLP) for failing to win any electoral seat in the 2023 general election.

Lifu delivered the judgement not minding an earlier order of the Court of Appeal directing him to stay further proceedings pending the hearing and determination of an appeal filed by Accord.

Miffed by the order of the trial court, the affected political parties, and INEC, approached the appellate court for an order halting their deregistration.

The appellants informed the panel of justices that the trial judge acted in total disregard of the orders of the Court of Appeal, directing him to stay further proceedings in the matter, pending the hearing and determination of an interlocutory appeal before the appellate court.

The electoral umpire, which aligned itself with the submissions of the appellants, claimed that they were only aware that the trial court would deliver judgement in the suit filed by Incorporated Trustees of the National Forum of Former Legislators (NFFL) through media reports.

INEC submitted before the three-member panel of the Court of Appeal, “My Lords, we are aware of an order that this court made on May 22, which stopped the delivery of the judgment of the lower court, which was initially reserved for delivery on June 5.

“We were not aware of any notice from the court regarding the delivery of the judgement. We only saw it as breaking news in the media.

“We, therefore, do not oppose the application of the appellant to stay the execution of the judgement.”

Reacting, members of the panel, who took turns to lambast Lifu for his disregard for the orders of the appellate court, subsequently ordered a stay of the execution of the judgement directing the de-registration of the affected parties.

According to the justices, the trial court exhibited judicial rascality by going ahead to hear and make the order, despite the order of the Court of Appeal and the pendency of the matter before the court.

Reacting to the appeal court court’s suspension of the controversial order by the trial court, National Chairman of ADC, Senator David Mark, said the Nigerian judiciary was on trial. Mark said this yesterday at the ADC Strategic Communications Retreat in Abuja.

Atiku said Lifu’s order was a dangerous assault on constitutional democracy.

In a statement by his Senior Special Assistant on Public Communication, Phrank Shaibu, Atiku said the judgement was further evidence of a coordinated effort to eliminate political opposition ahead of the 2027 general election.

Presidential candidate of Social Democratic Party (SDP) in the 2027 general election, Adewole Adebayo, condemned the order directing the deregistration of some political parties.

Adewole pledged support for legal efforts to challenge the move, in a statement posted on X, yesterday.

As public pushback to Lifu’s judgement continued, a civil society group, Tap Initiative for Citizens’ Development, yesterday, called on National Judicial Council (NJC) to probe the judge.

The group made the appeal in a statement by its Executive Director, Mbasekei Obono.

Presidential candidate of Accord, Dr. Gbenga Olawepo-Hashim, described the Federal High Court order directing the deregistration of five political parties as a systematic effort to weaken opposition politics.

Olawepo-Hashim made the assertion in a statement by his campaign office.

The appeal court panel, led by Justice Abba Mohammed, berated Lifu specifically for flouting the appellate court’s order of May 22, which ordered him to suspend further proceedings at the trial court.

Faulting Lifu further, the appellate court observed that his action amounted to an affront on the hierarchy of courts, as well as, “the highest form of judicial impertinence”.

Citing earlier verdicts of the Supreme Court, Mohammed held that a judge, who acted in such manner “is unfit for the bench as it amounts to judicial rascality”.

While enjoining the courts to protect their integrity, Mohammed stated that the Court of Appeal had supervisory authority over the trial court, adding that the decision of the trial 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.

“This court has the duty to invoke its powers in ensuring that its orders are made. The application for stay of execution is hereby granted. The enforcement of the judgement is stayed,” Mohammed held.

The appellate court subsequently fixed June 25 for definite hearing in all the appeals.

Lifu had taken the decision to order the deregistration of parties after all parties had regularised their processes in the suit marked: FHC/ABJ/CS/2637/25.

The plaintiff, Incorporated Trustees of the National Forum of Former Legislators (NFFL), had dragged INEC, the Attorney-General of the Federation (AGF), and the affected political parties before the court, seeking an order of the court compelling INEC to deregister the above mentioned party.

The initial originating summons had only ADC as the political party targeted for deregistration, but was subsequently amended to include the four others whose continued existence were said to have constituted a breach of the constitution.

Lifu on Monday ordered INEC to immediately deregister the five political parties on the grounds of alleged constitutional breaches.

He further barred INEC from further according them recognition, nor accepting candidates nominated by the affected parties or giving effects to their activities for the purpose of participating in the 2027 general election.

Lifu, in addition, directed the parties to stop parading themselves as registered political parties in the country, on the grounds that they breached Section 225A of the 1999 Constitution, Section 75 (4) of the Electoral Act, 2022, and applicable provisions of the Federal High Court (Civil Procedure) Rules, 2019.