Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
The Court of Appeal in Abuja has delivered a resounding rebuke to a Federal High Court judge, suspending the enforcement of a judgment that had ordered the Independent National Electoral Commission (INEC) to deregister five political parties, including the African Democratic Congress (ADC), and describing the trial judge's conduct as "the highest form of judicial impertinence" and "judicial rascality". In a unanimous ruling delivered on Tuesday, June 16, 2026, a three-member panel of the appellate court, led by Justice A.B. Mohammed, granted a stay of execution of the Federal High Court judgment that had directed INEC to remove the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party, and Zenith Labour Party (ZLP) from the register of political parties. The appellate court's decision effectively suspended the enforcement of the deregistration order, allowing the five parties to remain registered pending the determination of their appeals. The ruling came just one day after Justice Peter Lifu of the Federal High Court in Abuja had issued the deregistration order on Monday, June 15, 2026, in a suit filed by the National Forum of Former Legislators (NFFL), which had argued that the parties failed to meet the constitutional performance thresholds required for continued registration under Section 225A of the 1999 Constitution (as amended).
In its ruling, the appellate court severely criticised Justice Lifu for proceeding to deliver judgment despite an earlier order from the Court of Appeal directing him to suspend proceedings in the matter. The panel noted that on May 22, 2026, a three-member panel led by Justice Mohammed Danjuma had granted a stay of further proceedings in the case pending the determination of an appeal filed by the Accord Party. The enrolled order of the court, signed by Deputy Registrar Josephine Ekperobe, had expressly directed that further proceedings in Suit No: FHC/ABJ/CS/2637/2025 be stayed pending the hearing and determination of the appeal, which was adjourned to October 27, 2026. Despite that directive, Justice Lifu proceeded to deliver judgment on Monday, June 15, 2026, directing INEC to deregister the five parties and barring them from participating in any future elections. The appellate court described the trial judge's action as a direct affront to the authority of superior courts and a violation of the judicial hierarchy. "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.
The court invoked a Supreme Court precedent to characterise Justice Lifu's conduct in the harshest terms. "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". "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 appellate court ruled.
During the proceedings, INEC surprised many observers by supporting the application for a stay of execution. The electoral commission told the court that it was stunned by Justice Lifu's decision to deliver the judgment, disclosing that it only learned 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. "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.
The presidential candidate of the ADC for the 2027 elections and former Vice President, Atiku Abubakar, welcomed the Court of Appeal's decision. "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," Atiku wrote in a post. He added that the development reflected growing public concern over what he called "judicial contradictions and politically charged rulings" within the judiciary. "Any attempt to undermine Nigeria's hard-won democracy through judicial manipulation is a grave danger to the Republic," he said. The other affected parties also drew the panel's attention to the June 20 by-elections scheduled across six states, warning that allowing the judgment to stand would trigger serious electoral and constitutional crises. The Federal High Court had ordered INEC to deregister the ADC alongside the Action Peoples Party, Action Alliance, Accord Party and Zenith Labour Party, holding that the five parties failed to meet the constitutional requirements for continued existence and participation in future elections. With Tuesday's appellate court order, the five political parties remain registered pending the outcome of their appeals.
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