The Court of Appeal in Abuja has ordered a stay of execution on the Federal High Court judgment directing the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
In a unanimous ruling on Tuesday, a three-man panel held that the lower court acted in breach of a subsisting order of the appellate court which had restrained further proceedings in the matter.
The appellate court criticised the conduct of the trial court, describing its decision to proceed with the judgment despite its earlier directive as a violation of the judicial hierarchy and constitutional order.
“The decision of the lower court to proceed with the judgment despite the express order of this court is a brazen violation of the hierarchy of the court and the 1999 Constitution,” the panel said.
The court further held that compliance with superior court orders is fundamental to the integrity of the justice system, noting that disobedience undermines public confidence in the judiciary.
It consequently granted the application for stay of execution, effectively suspending enforcement of the deregistration order pending the determination of the substantive appeal.
The panel also emphasised its supervisory authority over lower courts, stating that it was duty-bound to intervene where its orders were disregarded.
“Courts are enjoined to protect their integrity. This court has supervisory authority over the trial court. This court has the duty to invoke its powers in ensuring that its orders are obeyed,” it ruled.
During the proceedings, the Independent National Electoral Commission (INEC) told the court it was surprised by the lower court’s action, adding that it only became aware of the judgment through media reports.
INEC’s counsel, Haliru Mohammed, said the commission had been aware of the appellate court’s earlier order stopping the delivery of the judgment, which had initially been fixed for June 5.
He added that INEC did not oppose the application for stay and aligned with the appeal filed by the affected political parties.
Counsel for the ADC, Shuaibu Aruwa (SAN), also faulted the handling of the matter, alleging that the trial judge communicated the judgment’s delivery informally via WhatsApp.
He urged the appellate court to take firm steps to safeguard the integrity of the judiciary, warning that the situation could provoke wider constitutional and electoral complications.
The Federal High Court had earlier ordered the deregistration of ADC, Action Peoples Party, Action Alliance, Accord Party and Zenith Labour Party over alleged failure to meet constitutional requirements for continued registration.
With Tuesday’s ruling, the parties remain validly registered pending the outcome of the appeal.