Judgement Slams Federal High Court Judge for ‘Judicial Rascality’
The Court of Appeal sitting in Abuja has sharply criticized a ruling by the Federal High Court that directed the Independent National Electoral Commission (INEC) to deregister five political parties, describing the action as an act of judicial overreach.
In a decision delivered on Tuesday, the appellate court faulted Justice Peter Lifu of the Federal High Court, Abuja, for proceeding with the matter and issuing the order despite the existence of a pending appeal and an earlier directive from the Court of Appeal.
The appellate court held that Justice Lifu acted improperly by entertaining the case and granting the order while the matter was already before a higher court. It subsequently ordered a stay of execution of the Federal High Court’s judgment.
Justice Lifu had, on Monday, directed INEC to deregister five political parties — the African Democratic Congress (ADC), Accord Party, Zenith Labour Party (ZLP), Allied Peoples Movement (APP), and Action Alliance (AA).
The Federal High Court based its decision on Section 225 of the 1999 Constitution (as amended), which outlines conditions under which political parties may be deregistered for failing to meet constitutional requirements.
Following the ruling, INEC challenged the judgment at the Court of Appeal, arguing that the decision should not be enforced pending the determination of its appeal. The electoral body subsequently sought an order suspending the implementation of the judgment.
In its ruling, the Court of Appeal granted INEC’s request and halted the enforcement of the Federal High Court’s order until the appeal is fully determined.
The development means the affected political parties will retain their legal status pending the outcome of the appellate proceedings, setting the stage for a potentially significant legal battle over the powers of INEC and the interpretation of constitutional provisions governing political parties in Nigeria.