
Nigeria’s Court of Appeal sitting in Abuja has suspended the execution of the judgment delivered by Justice Peter Lifu deregistering the African Democratic Party (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
The appellate court described the development as the highest form of judicial impertinence, stating that the trial judge brazenly disregarded its earlier order.
While staying execution of the judgment, the panel of justices held that Justice Lifu exhibited judicial rascality by going ahead to hear and make the order despite the order of the Court of Appeal and the pendency of the matter before the court.
The appellate court held that Justice Lifu’s action amounted to an affront to the hierarchy of courts.
It held that the lower court’s action was “the highest form of judicial impertinence”, stressing that the Supreme Court previously held that a judge who acted in such a 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 obeyed.
“The application for a stay of execution is here yet granted. The enforcement of the judgment is stayed,” the appellate court held.
Recall that aside from the ADC, Justice Lifu directed the Independent National Electoral Commission (INEC) to deregister the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
According to the lower court, the five political parties failed to meet the constitutional requirements to warrant their continued existence and participation in future elections.