Olushola Omogbehin
Court of Appeal, Abuja, has ordered a stay of execution of the Federal High Court judgment ordering the Independent National Electoral Commission (INEC) to deregister ADC and other four political parties.
The appellate court held that Justice Lifu acted in total disregard of a subsisting Court of Appeal order when he proceeded to hear and deliver the judgment on Monday, despite the pendency of the matter before the higher court.
In a joint decision, a three-member panel of the appellate court led by Justice A. B. Mohammed berated Justice Peter Lifu of the Federal High Court in Abuja for flouting an order it made on 22 May, which directed him to suspend proceedings before him.
The court held that Justice Lifu’s action amounted to an affront on the hierarchy of courts. It held that the lower court’s action was “the highest form of judicial impertinence,” stressing that the Supreme Court had previously held that a judge who acted in such 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. 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 hereby granted. The enforcement of the judgment is stayed,” the appellate court held.
Other parties to be deregistered are the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP).
The court said all the parties political parties failed to meet the constitutional requirements to warrant their continued existence and participation in future elections.
It stopped INEC from further according recognition to the parties, accepting nominations of candidates from the affected parties, or giving effect to their activities for the purpose of participating in the 2027 general elections.
Justice Lifu had earlier ordered the defendants to stop parading themselves as registered political parties in the country.
The judgment was delivered in defiance of a subsisting order of the Court of Appeal, which had on 22 May 2026 stayed further proceedings in the case pending the determination of an appeal.
A three-member panel of the appellate court, led by Justice Mohammed Danjuma, had granted the stay while ruling on a motion on notice filed by the Accord Party in Appeal No: CA/ABJ/CV/569/2026. An enrolled order of the court, signed by Deputy Registrar Josephine Ekperobe, stated:
“It is hereby ordered that pursuant to Order 4 Rules 16 and 11 of the Court of Appeal Rules 2021, the application filed on 4 May 2026 is granted, staying further proceedings in Suit No: FHC/ABJ/CS/2637/2025, pending the hearing and determination of this appeal. This appeal is adjourned to 27 October 2026 for hearing.”
Notwithstanding the appellate court’s order, Justice Lifu proceeded to deliver judgment directing the Independent National Electoral Commission (INEC) to deregister the five parties and barring them from participating in any future elections, including the 2027 general polls.
