Appeal Court Stays Execution Of Judgment Deregistering ADC, Others

The Court of Appeal in Abuja has ordered a stay of execution of a Federal High Court judgment that directed the Independent National Electoral Commission, INEC, to deregister the African Democratic Congress (ADC) and four other political parties.

In a unanimous decision by a three-member panel, the appellate court criticised the lower court for proceeding with the judgment despite a subsisting order halting further action, describing the conduct as a breach of judicial hierarchy and constitutional procedure.

The court held that the decision of the trial court amounted to “a brazen violation of the hierarchy of the court and the 1999 Constitution,” adding that it represented “the highest form of judicial impertinence” and fell within what the Supreme Court has previously described as judicial misconduct.

Delivering the ruling, the panel stated: “This court has supervisory authority over the trial court. The application for stay of execution is hereby granted. The enforcement of the judgment is stayed.” It warned that disregard for appellate orders undermines the integrity of the judiciary and could amount to “judicial rascality.”

INEC, through its counsel, Mr. Haliru Mohammed, told the court it was not formally notified of the judgment and only became aware of it through media reports. Counsel to the ADC, Mr. Shuaibu Aruwa, SAN, urged the court to suspend the ruling, describing the situation as a threat to the electoral process and constitutional order.

With the appellate court’s decision, the deregistration of the ADC, Action Peoples Party, Action Alliance, Accord Party and Zenith Labour Party has been suspended pending determination of the substantive appeals.

Source:PUNCH

Tags: #Judiciary #INEC #Politics #CourtOfAppeal