Court Adjourns Hearing on Appeal Against Political Parties’ Deregistration
The Abuja Court of Appeal has postponed the hearing of an appeal challenging the deregistration of five political parties—including the African Democratic Congress (ADC)—by the Independent National Electoral Commission (INEC) until July 7. This decision follows a rescheduling from the original date of June 25, aimed at allowing ample time for the involved parties to prepare and exchange briefs ahead of the substantive hearing.
Background on the Case
This appeal is rooted in a June 16 ruling from the Federal High Court in Abuja, which directed INEC 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 adhere to Article 225A of the 1999 Constitution. This constitutional provision empowers INEC to deregister political parties under specific conditions, such as their inability to secure election victories.
Counsel Seeks Adjournment for Brief Filing
During the recent hearing, Counsel for the Accord Party, Msibau Adetunbi (SAN), informed the three-member panel that the record of appeal and the certified original copy of the Federal High Court judgment were only acquired on Monday. These documents were then forwarded to the Court of Appeal as required by law. Senior Counsel thus requested a brief adjournment to facilitate the filing and exchange of briefs before the case is presented for substantive hearing.
Agreement Across the Board
This request was unopposed by any party involved, leading presiding Judge Justice Abubakar Mohammed to schedule the matter for July 7 at 2 PM. While Mr. Adetunbi initially sought three additional days for parties to complete their filings, Justice Mohammed determined that the July 7 date was preferable due to scheduling conflicts, as some panel members would be participating in a special court session the following week.
Court’s Disapproval of Lower Court’s Actions
This development comes shortly after the Court of Appeal issued a stay of execution regarding the Federal High Court’s ruling, expressing strong criticism of the lower court’s decision to move forward with the judgment despite the pending appeal and stay application. The appeals court underscored that the lower court’s actions represented a significant breach of judicial hierarchy and constitutional order.
Concerns Over Judicial Conduct
In its ruling, the appeals court characterized the lower court’s conduct as “the highest form of judicial disrespect.” It emphasized the importance of preserving the integrity of the judiciary and noted that judges engaging in such behavior could be deemed unfit for their roles. The Court of Appeal reaffirmed its supervisory authority over the actions of the trial court, highlighting the need for compliance with established judicial orders.
Impact on Political Landscape
By granting a stay of execution, the Court of Appeal has effectively suspended the implementation of the Federal High Court’s judgment while the substantive appeal is pending. This case is anticipated to clarify INEC’s constitutional authority to deregister political parties, as well as address procedural concerns related to how the trial court managed the issue. The substantive appeal is scheduled for hearing on July 7.
