The Court of Appeal in Abuja has ordered a stay of execution of a Federal High Court judgment directing the Independent National Electoral Commission to deregister five political parties, including the African Democratic Congress.
A three-member panel of the appellate court led by Justice A.B. Mohammed granted the order on Tuesday, faulting the conduct of the trial judge, Justice Peter Lifu, for proceeding with the matter despite an earlier directive of the Court of Appeal suspending further action on the case.
The appellate court described the decision of the lower court to deliver judgment in the matter as a violation of the judicial hierarchy and the provisions of the Constitution.
It held that courts must preserve the integrity of the judicial process and ensure compliance with orders issued by superior courts.
The court consequently granted the application for a stay of execution, effectively suspending the enforcement of the judgment pending the determination of the appeal.
During the proceedings, counsel to INEC, Haliru Mohammed, told the court that the commission was unaware that judgment had been delivered and only learnt of the development through media reports.
He said the commission did not oppose the application seeking to halt the execution of the judgment and aligned itself with the appeal filed by the affected political parties.
Counsel to the ADC, Shuaibu Aruwa (SAN), argued that the actions of the trial court could trigger constitutional and electoral complications, particularly ahead of scheduled by-elections in some states.
The Federal High Court had ordered the deregistration of the ADC, Action Peoples Party, Action Alliance, Accord Party and Zenith Labour Party on the grounds that they failed to meet constitutional requirements for continued registration.
However, with the latest ruling of the Court of Appeal, the affected parties will remain registered and eligible to participate in political activities pending the final determination of the appeal.
