Appellate court says the Federal High Court acted in defiance of an earlier order and suspended enforcement of the judgment against ADC, APP, AA, ZLP, and Accord.
Abuja:The Court of Appeal in Abuja has ordered a stay of execution of a Federal High Court judgment directing the Independent National Electoral Commission (INEC) to deregister five political parties, describing the lower court’s action as a brazen violation of judicial hierarchy.
In a ruling delivered on Tuesday, a three-member panel led by Justice Abbah Mohammed halted the enforcement of the judgment and ordered the Federal High Court to suspend further proceedings pending the determination of an appeal before it.
The affected political parties are the African Democratic Congress (ADC), Action People’s Party (APP), Action Alliance (AA), Zenith Labour Party (ZLP) and Accord.
Justice Peter Lifu of the Federal High Court, Abuja, had on Monday ordered INEC to deregister the parties, holding that they failed to meet the constitutional requirements under Section 225 of the 1999 Constitution.
However, the Court of Appeal faulted the trial judge for proceeding with the case despite an earlier appellate court order directing that proceedings be stayed pending the resolution of an appeal.
According to Justice Mohammed, the lower court’s decision to deliver judgment despite the subsisting order amounted to a direct challenge to the authority of the appellate court.
“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,” he said.
“The Supreme Court has previously held that a judge who acts in such a manner is unfit for the bench as it amounts to judicial rascality.”
The appellate court stressed that it had a constitutional duty to safeguard the integrity of the judicial system and ensure compliance with its orders.
“This court has supervisory authority over the trial court and must ensure that its orders are obeyed,” the panel held.
“The application for stay of execution is hereby granted, and enforcement of the judgment is stayed.”
The panel, which also included Justices Okon Abang and Donatus Okorowo, held that the Federal High Court ought not to have proceeded with the matter while issues relating to the appeal remained unresolved.
During proceedings, counsel to the Accord Party, Musibau Adetunbi (SAN), argued that Justice Lifu acted in violation of a Court of Appeal order issued on May 22 directing the trial court to halt proceedings pending the determination of an appeal.
Adetunbi said all parties were aware of the appellate court order and that the trial judge was informed before delivering judgment.
“For over 25 years of practice, I have never seen such a direct affront in the administration of justice,” he told the court.
“The judgment was delivered in clear violation of your lordships’ order and Section 287(2) of the Constitution.”
Counsel to the fourth respondent, Shuaibu Arua, also told the court that parties had drawn the trial judge’s attention to the appellate court order before judgment was delivered.
According to him, the judge indicated that he would address the issue in his judgment but proceeded to deliver the ruling.
Lawyers representing the affected political parties urged the Court of Appeal to invoke its disciplinary powers against the lower court.
Counsel to INEC, I.S. Mohammed, told the court that the electoral commission was unaware of the circumstances surrounding Monday’s proceedings. Counsel to the Attorney-General of the Federation, Prof. J.O. Oladoke, aligned himself with INEC’s position.
Opposing the application for a stay of execution, counsel to the National Forum of Former Legislators (NFFL), Yakubu Ruba (SAN), argued that his client was not served with the notice of appeal that led to the May 22 order and only became aware of it through another lawyer.
He urged the appellate court to reject the application on the grounds of a fair hearing.
The Court of Appeal, however, granted the stay and suspended the enforcement of the judgment pending the determination of the appeal.
