Deregistration Of Five Parties: Justice Lifu Committed Judicial Rascality – Court Of Appeal, Orders Stay Of Execution

By Ayodele Oni

Reprieve has come for the five political parties ordered by the Honourable Justice Peter Lifu to be  deregistered by the Independent National Electoral Commission INEC.

On Monday, Justice Lifu of the Federal High Court, Abuja Division, had surprisingly ordered INEC to deregister the five political parties and stop them from participating in all upcoming elections, including the 2027 General Elections.

But the Court of Appeal sitting in Abuja in a unanimous decision on Tuesday, ordered the stay of execution of the judgment which directed INEC to deregister the African Democratic Congress (ADC), Accord Party and three other political parties.

In the decision, the three-member panel, led by Justice A. B. Mohammed, berated Justice Peter Lifu, for flouting an order it made on May 22, which directed him to suspend proceedings before him.

The appellate court held that Justice Lifu’s action amounted to an affront on the hierarchy of courts.

It held that the lower court’s action was “the highest form of judicial impertinence,” stressing that the Supreme Court previously held that a Judge who acted in such manner “is unfit for the bench as it amounts to judicial rascality.”

“Courts are enjoined to protect their integrity. This Court has supervisory authority over the trial Court.

“The decision of the lower court to proceed with the judgment 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.

“Courts are enjoined to protect their integrity. This court has supervisory authority over the trial court. This court has the duty to invoke its powers in ensuring that its orders are obeyed.

“The application for stay of execution is hereby granted. The enforcement of the judgment is stayed,” the panel ruled.

Earlier in the proceedings, INEC told the court it was stunned by Justice Lifu’s decision to deliver the judgment, disclosing that the commission only learnt of the ruling through media reports rather than any official notification.

INEC’s lead counsel, Mr Haliru Mohammed, told the panel that the commission had been aware of the appellate court’s May 22 order restraining the lower court from delivering the judgment, which had originally been reserved for June 5.

“We were not aware of any notice from the court regarding the delivery of the judgment. 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 judgment,” Mohammed submitted.

The Commission also aligned itself with the notice of appeal filed by the affected political parties.

Counsel for the ADC, Mr Shuaibu Aruwa, SAN, told the Court that Justice Lifu communicated the judgment’s delivery to the party via WhatsApp, a disclosure that drew visible reactions from the Bench.

Aruwa described the lower court’s conduct as an invitation to anarchy and urged the Appellate court to invoke its disciplinary jurisdiction under Section 6 of the 1999 Constitution to sanction the judge.

“The action of the trial judge calls for swift and extraordinary measures from this court. We have come to the stage where this court should press the reset button,” Aruwa submitted.

“We urge this court to take disciplinary steps by immediately suspending that judgment. This court has the power to protect its own integrity. We pray this court suspends the judgment immediately without further delay,” he added.