Just 24 hours after a High Court judgment on deregistration on political parties, the Appeal Court in Abuja has ordered the suspension of the High Court order directing the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
In a unanimous decision on Tuesday, a three-member panel of the appellate court led by Justice A. B. Mohammed, berated Justice Lifu of the Federal High Court in Abuja for flouting an order it made on May 22, which directed him to suspend proceedings before him.
The appellate court made it clear that Justice Lifu’s action amounted to an affront to the hierarchy of courts, describing it as “the highest form of judicial impertinence”.
The appellate Court noted that the Supreme Court 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 here yet granted. The enforcement of the judgment is stayed,” the appealed court ruled .
This development is seen by some analysts as an indication that the judiciary can still be trusted.
INEC had earlier approached the Court of Appeal in Abuja seeking a stay of execution of the judgment that ordered the deregistration of the ADC and four other political parties.
