Appeal Court orders stay of execution of judgment deregistering 5 political parties
Abuja, June 2026 (TBL Africa) The Court of Appeal in Abuja has ordered a stay of execution of the judgment of the Federal High Court, Abuja, which directed the Independent National Electoral Commission (INEC) to deregister five political parties.
Ruling on the matter on Tuesday, a three member panel of the appellate court led by Justice Abbah Mohammed berated Justice Peter Lifu of the Federal High Court for proceeding to hear the matter and issuing the order.
This, they said, was in spite of an earlier order of the Court of Appeal and the pendency of the case before it.
The Appeal Court said Lifu exhibited judicial rascality by going ahead to hear and make the order.
The appellate court subsequently ordered a stay of execution of the judgment.
Lifu had, on Monday, ordered the deregistration of five political parties.
The parties are African Democratic Congress (ADC), Action People’s Party (APP), Action Alliance (AA), Zenith Labour Party (ZLP) and Accord.
In his judgment, the judge held that the parties did not meet the constitutional threshold stipulated under Section 225 of the 1999 Constitution.
Section 225 of the constitution empowers INEC to deregister political parties that fail to meet the constitutional requirements.
The three-member panel of justices of the court led by Justice Mohammed, flanked by Justices Okon Abang and Donatus Okorowo, ordered the trial court to halt proceedings in the matter untill the case before the appellate court was heard and determined.
According to Mohammed, the decision of the lower court to proceed with the judgment in spite of the express order of this court is a brazen violation of the hierarchy of the court and the 1999 Constitution (as amended).
“The decision of the lower court to proceed with the judgment despite the express order of this court is the highest form of judicial impertinence.
“The Supreme Court had previously held that a judge who acted in such a manner is unfit for the bench as it amounts to judicial rascality,” he said.
The court said it had a duty to assert its supervisory authority over lower courts and protect the integrity of the judicial hierarchy.
“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.
Ealier, the plaintiff in the matter, National Forum of Former Legislators (NFFL) had disagreed with the submission of the Accord Party and the four other political parties before the appellate court to suspend any move by INEC to implement the order to deregister them.
Accord Party’s lawyer, Mr Musibau Adetunbi (SAN) drew the attention of the justices to the high court’s violation of the constitution by proceeding with the judgement in spite of a pending order of May 22.
The order had stayed further proceedings in the matter after it appealed the May 20 order of the court refusing to stay proceedings based on APP’s motion.
He informed the appellate court that the order was made by a three-member panel comprising Justices Mohammed Danjuma, Adebukola Banjoko and Oyejoju Oyewumi asking the lower court judge to stay proceedings until all issues on the appeal filed by the Accord Party were resolved.
He said all relevant processes were filed, including the affidavit of fact on May 26, only for them to receive a notice on Monday that his lordship was about to deliver judgement.
“Myself and counsel to the 4th respondent and 6th respondent (APP) drew the attention of his to your lordships’ order.
” His lordship ignored your lordships’ order and proceeded to deliver judgement.
“My noble lords, for over 25 years of my practice, I have never seen such a direct affront in the administration of justice.
“The judgment was delivered in clear violation of your lordship’s order and a gross violation of Section 287(2) of the Nigerian Constitution, which his lordship swore to protect,” Adetunmbi said.
Counsel to INEC, I.S. Mohammed submitted that they were not aware of what transpired in court on Monday.
Counsel to the AGF, Prof J.O. Oladoke aligned with INEC’s submission.
For his part, counsel to the 4th respondents, Mr Shuaibu Arua told the court that he was part of the proceedings of Monday as they were summoned via a WhatsApp message.
“We informed Justice Lifu of the order of this court and he said he will take care of ot in his judgment.
“It was bizarre, when we identified that the judgment to be delivered was part of the stay, the court below went ahead to deliver judgment.
“We are not at a stage where records will be provided and yet the judge will go ahead and deliver judgment saying no one can res his judgment.
“This calls for a swift reaction from this Court because this is not, and a day should not come when this court is answerable to the Federal High Court so this court must suspend the application of that judgment immediately,” he said.
All the lawyers to the political parties sought to be deregistered asked the court to enforce its disciplinary jurisdiction against the lower court.
Disagreeing with the submissions, counsel to the NFFL, Yakubu Ruba, SAN, argued that he was not served with the notice of appeal that gave rise to the May 22 order for stay as he learnt about it through a colleague, Mr Gbenga Makanjuola.
He therefore urged the court not to grant the order for stay of execution of the judgement for lack of fair hearing.
