By David Lawani, Abuja
The Court of Appeal in Abuja on Tuesday halted enforcement of a Federal High Court judgment ordering the deregistration of the African Democratic Congress (ADC) and four other political parties.
It ruled that the lower court had acted in defiance of an existing order restraining it from proceeding with the matter.
The appellate court’s decision came just 24 hours after the Federal High Court judgment sparked controversy in political and legal circles.
Justice Peter Lifu of the Federal High Court had ordered the Independent National Electoral Commission (INEC) to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party and Zenith Labour Party (ZLP), holding that the parties had allegedly failed to satisfy constitutional requirements for continued existence as political parties.
The judgment immediately raised concerns about its implications for Nigeria’s political landscape, particularly as the affected parties challenged the ruling and insisted that an appeal was already pending before a superior court.
*Judges fault lower court for defying appellate directive
In a unanimous ruling delivered by a three-member panel, the Court of Appeal held that the trial court ought not to have delivered judgment because it had earlier been restrained from doing so by the appellate court.
The justices described the lower court’s action as a direct affront to the constitutional hierarchy of courts and a violation of established judicial procedure.
“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,” the panel ruled.
The court stressed that orders issued by superior courts remain binding on lower courts until set aside. It warned that disregard for such directives threatens the integrity of the justice system.
Relying on previous judicial authorities, the appellate court noted that disobedience to the orders of a higher court had repeatedly been condemned by the Supreme Court and amounted to conduct incompatible with the responsibilities of judicial office.
The panel further emphasised that it had a constitutional duty to protect the sanctity of the judicial process and ensure compliance with its orders.
“Courts are enjoined to protect their integrity. This court has supervisory authority over the trial court. This court has a duty to exercise its powers to ensure that its orders are obeyed. The application for stay of execution is hereby granted,” the justices held.
Consequently, the court ordered a stay of execution of the Federal High Court judgment pending the hearing and determination of the substantive appeal.
During the proceedings, counsel to INEC, Haliru Mohammed, told the court that the commission was surprised by the lower court’s decision, particularly because it was aware of the appellate court’s earlier directive restraining the trial court from delivering judgment.
According to him, INEC only became aware that the judgment had been delivered through media reports.
He disclosed that the electoral body did not oppose the application seeking a stay of execution and aligned itself with the affected political parties’ position.
Also addressing the court, counsel to the ADC, Shuaibu Aruwa (SAN), criticised the manner in which notice of the judgment was communicated, alleging that information about the court’s decision was conveyed informally through WhatsApp messages.
He urged the appellate court to act decisively to preserve confidence in the judiciary and prevent a situation that could create uncertainty in the electoral process.
Aruwa argued that allowing the judgment to take immediate effect could create serious constitutional and electoral complications, especially with by-elections expected in some parts of the country.
With Tuesday’s ruling, the deregistration order has been suspended, allowing the ADC, APP, AA, Accord Party and ZLP to retain their legal status and continue political activities pending the outcome of the substantive appeal.
