The Court of Appeal in Abuja has ordered a stay of execution on a recent Federal High Court judgment directing the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties, temporarily preserving their legal status pending the outcome of an appeal.
The appellate court delivered the ruling on Tuesday in a unanimous decision by a three-member panel led by Justice A. B. Mohammed. The panel strongly criticised the actions of Justice Peter Lifu of the Federal High Court in Abuja for proceeding to deliver the earlier judgment despite an existing order from the Court of Appeal instructing him to suspend proceedings.
According to the appellate court, the lower court’s decision to continue with the matter despite the May 22 restraining order represented a serious breach of judicial procedure and constitutional authority.

In its ruling, the court stated that proceeding with the judgment despite the appellate court’s directive amounted to a direct violation of the judicial hierarchy established under Nigeria’s 1999 Constitution.
The panel further cited a previous Supreme Court decision, stressing that actions taken in disregard of superior court orders undermine the integrity of the judiciary and could amount to serious judicial misconduct.
The court subsequently granted the application seeking a stay of execution and ordered that enforcement of the Federal High Court judgment be suspended immediately.
During proceedings, INEC informed the appellate court that it had been unaware the Federal High Court intended to deliver judgment and only learned about the ruling through media reports rather than receiving official communication from the court.
INEC’s lead counsel, Haliru Mohammed, told the court that the commission had knowledge of the Court of Appeal’s earlier directive preventing the lower court from proceeding with the judgment, which had originally been reserved for June 5.
Mohammed stated that the electoral body did not oppose the application filed by the affected parties seeking suspension of the judgment and also supported the notice of appeal already filed.
Representing ADC, senior lawyer Shuaibu Aruwa informed the court that notification of the lower court’s judgment delivery was reportedly sent to the party through WhatsApp, a development that drew attention during the hearing.
Counsel for the political party argued that the lower court’s action could trigger legal uncertainty and urged the appellate court to take measures to preserve judicial discipline and institutional integrity.
Other affected political parties also warned that the June 20 by-elections scheduled across six Nigerian states could face constitutional complications if the deregistration order remained in force.
The Federal High Court had earlier ordered INEC to deregister five political parties, including ADC, Action Peoples Party, Action Alliance, Accord Party, and Zenith Labour Party, ruling that they had failed to meet constitutional requirements necessary for continued registration and participation in future elections.
However, following Tuesday’s Court of Appeal decision, all five parties will remain officially registered until the appeal process is fully concluded.
The ruling is expected to have significant implications for Nigeria’s political landscape ahead of upcoming electoral activities, particularly with by-elections approaching later this month.
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