Abuja, Nigeria — The Independent National Electoral Commission (INEC) has urged the Court of Appeal in Abuja to stay the execution of a Federal High Court judgment that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties.
The electoral body also expressed support for a notice of appeal filed by the affected political parties against the controversial ruling.
During proceedings before a three-member panel of the Court of Appeal on Tuesday, counsel to INEC, Mr. Haliru Mohammed, disclosed that the Commission was taken aback by the decision of the trial judge, Justice Peter Lifu of the Federal High Court, to deliver the judgment despite an existing appellate court order restraining him from doing so.
According to Mohammed, the appellate court had, on May 22, issued an order halting the delivery of the judgment, which was initially scheduled for June 5. He stated that INEC was neither informed of any change in the judgment date nor served with a notice regarding its delivery.
“My Lords, we are aware of an order that this court made on May 22, which stopped the delivery of the judgment of the lower court. 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,” Mohammed told the court.
He added that INEC did not oppose the application seeking a stay of execution of the judgment.
Similarly, counsel to the ADC, Mr. Shuaibu Aruwa (SAN), informed the appellate court that the party received notice of the judgment’s delivery through a WhatsApp message from the trial judge.
Aruwa described Justice Lifu’s action as a challenge to the authority of the Court of Appeal and warned that allowing the judgment to stand could undermine judicial order and discipline.
“Sincerely, my Lords, a lot has happened to the judiciary and this profession. What the trial judge did was dare this Court of Appeal by insisting that no one could arrest his judgment, even after his attention was drawn to the stay order from this court,” he argued.
The senior advocate urged the appellate court to take what he termed “swift and extraordinary measures” to protect the integrity of the judiciary, including immediately suspending the judgment.
Invoking Section 6 of the 1999 Constitution (as amended), Aruwa called on the appellate court to exercise its disciplinary authority, insisting that the trial judge’s conduct amounted to a disregard for judicial hierarchy.
The Court of Appeal is expected to rule on the application for a stay of execution and other related issues in the matter.
