Abuja Court of Appeal Halts Deregistration of Political Parties
The Abuja Court of Appeal on Tuesday issued a stay on the execution of a controversial ruling that directed the Independent National Electoral Commission (INEC) to deregister five political parties, effectively halting any immediate implementation of the judgment.
Judicial Overreach Cited in Appeal
A three-member panel, led by Justice AB Mohammed, found that the Federal High Court in Abuja failed to follow due process by proceeding with its judgment despite a standing order from the Court of Appeal that mandated a pause in proceedings regarding the case.
Concerns Over Federal High Court’s Ruling
This decision arose from complaints raised by the affected political parties, which argued that Judge Peter Riff of the Federal High Court delivered the ruling on Monday in violation of an order issued by the Court of Appeal on May 22. The ruling sought to deregister the African Democratic Congress (ADC), Action Alliance (AA), Accord Party, Zenith Labor Party (ZLP), and Action People’s Party (APP) for failing to achieve elective status in the last general elections, alongside allegations of non-compliance with constitutional requirements outlined in Article 225A of the 1999 Constitution.
Legal Representation Highlights Procedural Non-Compliance
During the proceedings, Accord Party’s counsel, Msibau Adetunbi (SAN), informed the Court of Appeal that Judge Riff disregarded the earlier stay order and proceeded with his ruling nonetheless. Adetunbi clarified that following a judgment delivered on May 20, the Court of Appeal issued an order on May 22 that called for the suspension of further proceedings in the lower court until the matter was resolved.
Challenges to Judicial Conduct Raised
Adetunbi asserted that all parties had been duly notified and relevant court documents had been filed prior to the sudden announcement of the judgment, which caught the affected parties off guard. He described this incident as “direct contempt in the administration of justice,” stressing that the ruling violated the Court of Appeal’s orders and the Nigerian Constitution.
Mixed Reactions in Court
Attorneys representing the political parties urged the appellate court to exercise its disciplinary powers concerning the conduct of the lower court. Conversely, INEC’s lawyer, IS Mohammed, stated that the electoral commission was unaware of developments preceding the Federal High Court’s ruling and did not oppose the relief sought by the parties involved. This sentiment was echoed by Professor JO Oladoke, counsel for the Attorney General of the Federation.
Opposition to the Stay Order
However, National Forum of Former Legislators (NFFL) lawyer Yakubu Luba (SAN) contested the political parties’ application. He argued that his client had not been served with the notice of appeal, which led to the May 22 suspension of proceedings, and claimed to have learned about it only through a third party. Luba requested the Court of Appeal to nullify the suspension order, asserting it was issued without his client’s input. He acknowledged the possibility of a substantive appeal but contended that the lower court’s ruling had rendered the matter moot.
Implications for Political Climate and Judicial Integrity
Following the arguments from all parties, the Court of Appeal granted the stay, which means that INEC is currently barred from proceeding with the deregistration of the mentioned political parties while the issue remains under review. This case has intensified scrutiny of the dynamics between lower courts and appellate courts, especially regarding adherence to directives from higher judicial authorities in politically sensitive cases.
