- Appeal Court Suspends Judgment Ordering Deregistration Of ADC, Four Other Parties
- INEC obtained stay of execution pending appeal determination.
- Appellate court faulted trial judge for ignoring earlier order.
The Court of Appeal in Abuja has suspended the enforcement of a Federal High Court judgment directing the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
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EKO HOT BLOG reports that INEC had approached the appellate court seeking a stay of execution of the judgment delivered by the Federal High Court, which ordered the deregistration of the affected parties.
Justice Peter Lifu of the Federal High Court in Abuja had on Monday ordered the deregistration of the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP) for allegedly failing to meet the requirements for retaining their registration.
However, in a unanimous ruling on Tuesday, a three member panel of the Court of Appeal led by Justice A. B. Mohammed granted INEC’s application and stayed the enforcement of the judgment.
The appellate court also faulted Justice Lifu for proceeding with the matter despite an earlier order issued by the Court of Appeal on May 22 directing him to suspend further proceedings.
According to the court, the trial judge’s decision to continue with the case amounted to a violation of the judicial hierarchy and an affront to the authority of the appellate court.
The panel described the action as “the highest form of judicial impertinence,” noting that the Supreme Court had previously held that a judge who acted in such a manner was “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.
“The application for stay of execution is here yet granted. The enforcement of the judgment is stayed,” the appellate court ruled.
The ruling means the affected political parties will retain their registration status pending the determination of the substantive appeal.
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