The Court of Appeal’s decision to halt the deregistration of the African Democratic Congress and four other political parties has triggered strong reactions from opposition leaders and stakeholders, with ADC National Chairman Senator David Mark declaring that the judiciary is now under scrutiny and warning against attempts to manipulate the democratic process.
The Punch reported that political parties affected by the controversial Federal High Court ruling, alongside civil society groups, welcomed the appellate court’s intervention and called for disciplinary action against Justice Peter Lifu over his handling of the case.
The ADC also reassured its supporters that it remains a legally recognised political party and will continue to participate in elections.
The Court of Appeal in Abuja on Tuesday ordered a stay of execution of the judgment that directed the Independent National Electoral Commission to deregister the ADC, Action Peoples Party, Action Alliance, Accord Party and Zenith Labour Party.
In a unanimous ruling delivered by a three-member panel headed by Justice A. B. Mohammed, the appellate court strongly criticised Justice Lifu of the Federal High Court, Abuja, for proceeding with the matter despite an earlier order issued on May 22 directing him to suspend proceedings.
“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,” the panel held.
The court further described the action as a serious breach of judicial discipline.
“The decision of the lower court to proceed with the judgment despite the express order of this court is the highest form of judicial impertinence,” the panel declared, adding that the Supreme Court had previously held that a judge who acted in such a manner “is unfit for the bench as it amounts to judicial rascality.”
The appellate court stressed that it was duty-bound to defend the integrity of the judicial system and ensure compliance with its orders.
“Courts are enjoined to protect their integrity. This court has supervisory authority over the trial court. This court has the duty to invoke its powers in ensuring that its orders are obeyed. The application for stay of execution is hereby granted. The enforcement of the judgment is stayed,” the panel ruled.
Justice Lifu had on Monday ordered INEC to deregister the five political parties, holding that they failed to satisfy constitutional requirements under Section 225A of the 1999 Constitution relating to electoral performance in the 2023 general elections.
During Tuesday’s proceedings, INEC informed the appellate court that it was unaware of the judgment until reports surfaced in the media.
The commission’s lead counsel, Haliru Mohammed, said INEC had expected the lower court to comply with the Court of Appeal’s earlier directive.
“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. We therefore do not oppose the application of the appellant to stay the execution of the judgment,” Mohammed submitted.
INEC also backed the notice of appeal filed by the affected political parties.
Counsel for the ADC, Shuaibu Aruwa (SAN), disclosed that notification of the judgment was sent to the party through WhatsApp, a revelation that reportedly drew reactions from members of the appellate panel.
Aruwa urged the court to take disciplinary steps against the trial judge.
“The action of the trial judge calls for swift and extraordinary measures from this court. We have come to the stage where this court should press the reset button.
“We urge this court to take disciplinary steps by immediately suspending that judgment. This court has the power to protect its own integrity. We pray this court suspends the judgment immediately without further delay,” he added.
Reacting to the ruling, ADC National Publicity Secretary Bolaji Abdullahi said the judgment offered hope that the judiciary could restore public confidence.
“It indicates that the judiciary may still redeem itself. We are cautiously delighted but we insist that it shouldn’t have happened in the first place,” Abdullahi said.
He further urged the National Judicial Council to take action against judges whose conduct damages the image of the judiciary.
“We, therefore, hope that the judicial council will take urgent steps to purge the bench of judges who bring the judicial institution to disrepute,” he said.
APP National Leader Ikenga Ugochinyere described the ruling as a confirmation of the party’s position and called on the NJC to address concerns about judicial inconsistency.
“There was no need to panic in the first place, and, so, this ruling is a vindication of our position from the get-go,” Ugochinyere said.
“We call on the NJC to weed out controversial justices who say one thing in the morning and another in the evening. These are the bad eggs giving the judiciary a bad name,” he added.
He warned that conflicting court decisions were weakening public trust in the justice system.
“Court pronouncements are supposed to be respected by citizens, particularly because they come from institutions established by law. But when people begin to hide behind technicalities, it raises concerns about the integrity of those institutions.
“How do we expect citizens to obey court judgments when many people no longer see justice as blind, but rather as something influenced by individuals and personal interests? That is the challenge before us,” the APP leader added.
Ugochinyere also noted that the controversy had generated public anger and criticism directed at the Presidency.
“This situation has generated a lot of reactions across the country. Many people are directing their frustrations at the President. Perhaps there is a need for greater clarity so that Nigerians understand exactly what is happening,” he said.
Despite the controversy, he described the appellate court’s intervention as a positive development.
“What happened today (Tuesday) is a victory, not just for democracy, but for the rule of law. We are happy because the courts have once again demonstrated their relevance in our democratic process,” he said.
Acting National Chairman of the Coalition of United Political Parties, Peter Ameh, also welcomed the ruling, citing the famous words of philosopher Edmund Burke.
“The only thing necessary for the triumph of evil is for good men to do nothing,” Ameh said.
Former Vice President and ADC presidential candidate Atiku Abubakar also praised the decision, particularly because INEC initiated the request for a stay of execution.
“I welcome the Court of Appeal’s decision to stay the execution of the Federal High Court judgment seeking the deregistration of our great party, the ADC, and four other political parties. It is particularly significant that INEC itself initiated the application for the stay,” he wrote.
Atiku further expressed concern over conflicting judicial decisions.
“The disturbing spectacle of judicial contradictions and politically charged rulings playing out in our courts has placed the judiciary under intense public scrutiny. As ADC National Chairman, Sen. David Mark, rightly observed, the judiciary itself is now on trial,” Atiku said.
He warned against efforts to use the courts to undermine democratic institutions.
“Any attempt to undermine Nigeria’s hard-won democracy through judicial manipulation is a grave danger to the Republic. If our democracy suffers further injury, history will demand accountability from those entrusted with dispensing justice,” he said.
Meanwhile, the Tap Initiative for Citizens’ Development called on the NJC to investigate Justice Lifu over the judgment, arguing that it was delivered despite ongoing appellate proceedings and an existing stay of proceedings.
In a statement signed by Executive Director Mbasekei Martin Obono, the group urged the NJC to, “Determine whether the decision was delivered in disregard of pending appellate proceedings and a subsisting order of stay;
“Examine possible breaches of the judicial code of conduct; Take appropriate disciplinary action if misconduct is established; and “Reaffirm the authority of appellate courts and the supremacy of due process within the judiciary”.
The organisation said it had already petitioned Chief Justice of Nigeria Justice Kudirat Kekere-Ekun, urging a thorough investigation into the matter.
Addressing party members during the ADC Strategic Communications Retreat in Abuja, Senator David Mark insisted that the opposition party was not the institution under scrutiny.
“The ADC is not on trial. Rather, it is the judiciary that is on trial and the nation is waiting to see how the National Judicial Council is going to handle this precarious situation,” he said.
Mark questioned the circumstances surrounding the ruling and accused the judge of acting contrary to an existing Court of Appeal order.
“It is strange that a judge can order the Independent National Electoral Commission to pronounce a party dead and in less than 24 hours put the same party on trial,” he said.
The former Senate President urged party members to remain calm and confident despite the legal battle.
“Like I have said previously, our members should not worry about the shenanigans of the ruling party. We will go through all these turbulence because we are up to the task. By the time we are through all these, ADC will come out stronger,” he stated.
Mark also accused the ruling All Progressives Congress of attempting to distract opposition parties while grappling with governance challenges, and challenged party communicators to develop messages capable of attracting broader support for the ADC ahead of future elections.
