The Court of Appeal in Abuja has ordered an immediate stay of execution on a Federal High Court judgment that directed the Independent National Electoral Commission (INEC) to deregister five political parties.
A three-member panel, led by Justice A. B. Mohammed, issued a severe rebuke of Federal High Court Judge Peter Lifu, characterizing his decision to proceed with the judgment as a grave violation of the judicial hierarchy and the 1999 Constitution.
The appellate court noted that Justice Lifu ignored a standing May 22 order explicitly directing him to suspend proceedings, a move the panel described as the highest form of judicial misconduct.
The original Federal High Court ruling on Monday ordered INEC to deregister the African Democratic Congress (ADC), Accord Party, Action Alliance (Action Peoples Party), and Zenith Labour Party.
The order cited their failure to meet the constitutional performance thresholds required during the 2023 general elections under Section 225A of the Constitution.
During the appellate proceedings, INEC’s lead counsel, Mr. Haliru Mohammed, stated that the commission was surprised by the lower court’s ruling, discovering it via media reports rather than official notification. Recognizing the existing appellate restraint on the lower court, INEC did not oppose the application for a stay of execution and aligned itself with the political parties’ notice of appeal.
Counsel for the ADC, Mr. Shuaibu Aruwa, SAN, disclosed to the panel that the trial judge had communicated the delivery of the judgment to the party via WhatsApp. Aruwa condemned the action as an invitation to anarchy and urged the court to invoke its disciplinary jurisdiction.
The ruling has drawn sharp criticism from political figures and civil society. ADC National Chairman Senator David Mark remarked that the judiciary itself is currently on trial regarding its credibility and adherence to due process. Similarly, former Vice President Atiku Abubakar cautioned against the weaponization and manipulation of courts against democratic institutions.
Meanwhile, the civil society organization Tap Initiative for Citizens’ Development has formally petitioned the National Judicial Council (NJC) and the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun.
The group is demanding an immediate investigation into Justice Lifu’s conduct to protect procedural discipline and public confidence in the legal system ahead of future electoral cycles.
