Following the Court of Appeal’s decision on Tuesday to halt the enforcement of the Federal High Court judgment that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties, ADC National Chairman Senator David Mark said the judiciary was now under scrutiny and cautioned against any attempt to use the courts for political purposes.
Stakeholders also demanded sanctions against Justice Peter Lifu for allegedly disregarding a superior court directive, while the ADC reassured supporters that it would remain on the ballot.
Political parties affected by the Federal High Court’s deregistration ruling welcomed the appellate court’s intervention, which suspended the implementation of the judgment.
The Court of Appeal in Abuja ruled on Tuesday that execution of the judgment ordering the deregistration of the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party, and Zenith Labour Party (ZLP) should be stayed. In doing so, the court sharply criticised Justice Lifu for proceeding with the ruling despite a May 22 order restraining him from doing so.
A unanimous three-member panel headed by Justice A. B. Mohammed described Justice Lifu’s conduct as a serious breach of 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 held.
Relying on Supreme Court precedent, the appellate court further stated:
“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 panel declared, adding that 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.”
The court stressed its responsibility to safeguard the authority of higher courts and preserve judicial integrity.
“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.
Justice Lifu had earlier ordered INEC to deregister the five political parties, holding that they failed to satisfy constitutional benchmarks under Section 225A of the 1999 Constitution, including electoral performance requirements in the 2023 general elections.
During proceedings on Tuesday, INEC informed the appellate court that it learned about the judgment through media reports and had received no official notification.
INEC’s lead counsel, Haliru Mohammed, said the commission was aware of the Court of Appeal’s May 22 directive preventing the lower court from delivering the judgment and therefore did not oppose the request for a stay.
“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 electoral body also supported the notice of appeal filed by the affected parties.
Counsel to the ADC, Shuaibu Aruwa (SAN), told the court that notification of the judgment had been sent to the party through WhatsApp, a revelation that reportedly drew reactions from the appellate bench.
Aruwa argued that the lower court’s actions threatened judicial order and urged the Court of Appeal to take disciplinary action.
“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.
“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.
Reactions from political parties
ADC National Publicity Secretary Bolaji Abdullahi said the ruling restored some confidence in the judiciary, although he maintained that the situation should never have arisen.
“It indicates that the judiciary may still redeem itself. We are cautiously delighted but we insist that it shouldn’t have happened in the first place,” he said.
He also urged the National Judicial Council (NJC) to address conduct that damages the judiciary’s reputation.
“We, therefore, hope that the judicial council will take urgent steps to purge the bench of judges who bring the judicial institution to disrepute,” he said.
APP National Leader Ikenga Ugochinyere described the ruling as confirmation of the party’s long-held position and called on the NJC to remove judges whose actions undermine confidence in the courts.
“There was no need to panic in the first place, and, so, this ruling is a vindication of our position from the get-go,” Ugochinyere said.
“We call on the NJC to weed out controversial justices who say one thing in the morning and another in the evening. These are the bad eggs giving the judiciary a bad name,” he added.
He warned that inconsistent judicial decisions could weaken public trust in the justice system.
“Court pronouncements are supposed to be respected by citizens, particularly because they come from institutions established by law. But when people begin to hide behind technicalities, it raises concerns about the integrity of those institutions.
“How do we expect citizens to obey court judgments when many people no longer see justice as blind, but rather as something influenced by individuals and personal interests? That is the challenge before us,” he said.
Ugochinyere added that public anger over the controversy had also been directed at the Presidency, calling for greater clarity on the matter.
Despite the concerns, he described the appellate court’s decision as a triumph for democracy and the rule of law.
“What happened today (Tuesday) is a victory, not just for democracy, but for the rule of law. We are happy because the courts have once again demonstrated their relevance in our democratic process,” he said.
Calls for investigation
Acting National Chairman of the Coalition of United Political Parties, Peter Ameh, welcomed the ruling and quoted Edmund Burke, saying:
“The only thing necessary for the triumph of evil is for good men to do nothing.”
He warned against what he termed executive interference and judicial overreach.
Former Vice President Atiku Abubakar also praised the ruling, highlighting the significance of INEC’s role in seeking the stay.
“I welcome the Court of Appeal’s decision to stay the execution of the Federal High Court judgment seeking the deregistration of our great party, the ADC, and four other political parties. It is particularly significant that INEC itself initiated the application for the stay,” he stated on X.
Atiku further criticised what he called conflicting court decisions and echoed David Mark’s position that the judiciary itself was facing public examination.
“The disturbing spectacle of judicial contradictions and politically charged rulings playing out in our courts has placed the judiciary under intense public scrutiny. As ADC National Chairman, Sen. David Mark, rightly observed, the judiciary itself is now on trial,” he said.
He cautioned against efforts to use the courts to undermine democratic institutions.
“Any attempt to undermine Nigeria’s hard-won democracy through judicial manipulation is a grave danger to the Republic. If our democracy suffers further injury, history will demand accountability from those entrusted with dispensing justice,” he said.
Meanwhile, the civil society organisation Tap Initiative for Citizens’ Development called on the NJC to investigate Justice Lifu’s conduct.
In a statement signed by Executive Director Mbasekei Martin Obono, the group urged the council to:
“Determine whether the decision was delivered in disregard of pending appellate proceedings and a subsisting order of stay;
“Examine possible breaches of the judicial code of conduct;
“Take appropriate disciplinary action if misconduct is established; and
“Reaffirm the authority of appellate courts and the supremacy of due process within the judiciary.”
The group noted that Chief Justice of Nigeria Kudirat Kekere-Ekun had repeatedly stressed accountability and ethical conduct within the judiciary and disclosed that it had formally petitioned the NJC.
According to the organisation, the matter raises serious constitutional concerns because the judgment was delivered while appellate proceedings and a stay order were still in effect.
“Tap Initiative expresses grave concern that at the time the said judgement was delivered, there were subsisting appellate proceedings before the Court of Appeal…”
The group maintained that adherence to judicial hierarchy and due process is essential for preserving public confidence in the justice system and urged the NJC to act swiftly.
Mark: Judiciary is on trial
Speaking at the ADC Strategic Communications Retreat in Abuja, David Mark argued that the controversy was testing the credibility of the judiciary rather than the opposition party.
“The ADC is not on trial. Rather, it is the judiciary that is on trial and the nation is waiting to see how the National Judicial Council is going to handle this precarious situation,” he said.
Mark expressed concern over what he viewed as unusual judicial conduct, alleging that Justice Lifu ignored a Court of Appeal directive to halt proceedings.
“It is strange that a judge can order the Independent National Electoral Commission to pronounce a party dead and in less than 24 hours put the same party on trial,” he said.
He encouraged party members to remain confident, insisting that the ADC would emerge stronger despite the dispute.
“Like I have said previously, our members should not worry about the shenanigans of the ruling party. We will go through all these turbulence because we are up to the task. By the time we are through all these, ADC will come out stronger,” he stated.
Mark also accused the ruling APC of attempting to distract opposition parties while struggling to defend its record in government. Addressing party communicators, he urged them to craft messages capable of broadening the ADC’s appeal and attracting more Nigerians to the party.
