The Court of Appeal in Abuja has stayed the execution of a Federal High Court judgment ordering the deregistration of the African Democratic Congress (ADC) and four other political parties.
In a unanimous decision delivered on Tuesday, a three-member panel led by Justice A.B. Mohammed faulted the Federal High Court for proceeding with the case despite an earlier appellate court order directing it to suspend proceedings.
The panel described the lower court’s action as a “brazen violation” of the judicial hierarchy and the Constitution, adding that it amounted to judicial misconduct.
The appellate court subsequently granted the application for a stay of execution, effectively suspending the enforcement of the deregistration order pending the determination of the appeals.
During the proceedings, the Independent National Electoral Commission (INEC) told the court that it only became aware of the lower court’s judgment through media reports and did not oppose the application for a stay.
INEC’s counsel, Haliru Mohammed, said the commission was aware of the Court of Appeal’s earlier order restraining the trial court from delivering its judgment and supported the appeal filed by the affected parties.
Counsel for the ADC, Shuaibu Aruwa (SAN), alleged that the trial judge notified the party of the judgment via WhatsApp and urged the appellate court to take steps to protect the integrity of the judiciary.
Other affected parties warned that allowing the judgment to stand could create constitutional and electoral complications, especially with by-elections scheduled in six states.
The Federal High Court had ordered INEC to deregister the ADC, the Action Peoples Party (APP), the Action Alliance (AA), the Accord Party and the Zenith Labour Party (ZLP) on the grounds that they failed to meet constitutional requirements for continued existence and participation in elections.
Following Tuesday’s ruling, the five political parties remain registered pending the outcome of their appeals.