The Court of Appeal in Abuja has temporarily halted the deregistration of the African Democratic Congress (ADC), Action Alliance (AA), Action Peoples Party (APP), Accord and Zenith Labour Party (ZLP) pending the determination of their appeal against a Federal High Court judgment ordering their removal from the register of political parties.
A three-member panel of the appellate court, led by Justice Abba Mohammed, granted a stay of execution of the June 15 judgment delivered by Justice Peter Lifu of the Federal High Court. The court held that the trial judge proceeded with the judgment despite an earlier Court of Appeal order issued on May 22 directing that proceedings in the matter be suspended.
Justice Mohammed criticised the lower court’s action, describing it as a violation of the judicial hierarchy and the provisions of the Constitution. He stated that the Federal High Court acted in disregard of a valid order from a superior court, adding that such conduct undermines the integrity of the judicial system.
The court consequently ordered that enforcement of the deregistration judgment be suspended and fixed June 26 for the hearing of the substantive appeal. The decision came after lawyers representing the affected parties argued that the lower court ignored the appellate court’s directive and proceeded to deliver judgment in the matter.
Counsel to Accord, Musibau Adetunbi (SAN), told the court that all necessary processes relating to the appeal had been filed before the Federal High Court unexpectedly issued notice of judgment. He argued that the ruling was delivered in direct violation of the appellate court’s stay order and amounted to a breach of constitutional provisions governing obedience to court orders.
The Independent National Electoral Commission (INEC), through its lawyer, I.S. Mohammed, supported the request for a stay of execution. INEC informed the court that it was unaware the judgment would be delivered and only learned about it through media reports. The electoral body maintained that it recognised the appellate court’s earlier order and therefore did not oppose the application by the political parties.
However, counsel to the National Forum of Former Legislators, Yakubu Ruba (SAN), argued that his client was denied fair hearing before the Court of Appeal issued the May 22 order. He urged the court to set aside the stay order and contended that the issue had been overtaken by events following the delivery of the Federal High Court judgment. The Court of Appeal will now determine the substantive appeal later this month.
