By Collins Nwadike, JKNewsMedia Reporter
PROCEEDINGS OVER the deregistration of five political parties took a fresh turn on Tuesday as the Court of Appeal in Abuja ordered a stay of execution of a Federal High Court judgment directing the Independent National Electoral Commission (INEC), to deregister the parties.
JKNewsMedia.com reports that a three-member panel of the appellate court led by Justice Abbah Mohammed also ordered the trial court to halt further proceedings in the matter pending the determination of the appeal before it.
The court faulted Justice Peter Lifu of the Federal High Court for proceeding with the case and delivering judgment despite an earlier order of the Court of Appeal and the pendency of the matter before it.
Justice Mohammed said the lower court’s action amounted to a violation of the hierarchy of courts and the provisions of the 1999 Constitution as amended.
“The decision of the lower court to proceed with the judgment despite the express order of this court is the highest form of judicial impertinence.
“The Supreme Court had previously held that a judge who acted in such a manner is unfit for the bench as it amounts to judicial rascality,” he said.
The panel, which included Justices Okon Abang and Donatus Okorowo, said it had a responsibility to protect the integrity of the judicial system and ensure compliance with its orders.
“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.
“The application for stay of execution is hereby granted, the enforcement of the judgment is stayed,” the panel ruled.
The News Agency of Nigeria reported that Justice Lifu had on Monday ordered the deregistration of five political parties namely the African Democratic Congress, ADC, Action People’s Party, APP, Action Alliance, AA, Zenith Labour Party, ZLP, and Accord.
The judge held that the parties failed to meet the constitutional threshold stipulated under Section 225 of the 1999 Constitution.
Section 225 empowers INEC to deregister political parties that fail to meet constitutional requirements.
During proceedings before the Court of Appeal, counsel to Accord Party, Mr Musibau Adetunbi, SAN, informed the court that a May 22 order had directed the lower court to stay proceedings pending the resolution of issues arising from an appeal filed by the party.
According to him, the order was made by a three member panel comprising Justices Mohammed Danjuma, Adebukola Banjoko and Oyejoju Oyewumi.
He said all relevant processes, including an affidavit of fact filed on May 26, had been submitted before counsel received notice on Monday that judgment would be delivered.
“Myself and counsel to the 4th respondent and 6th respondent, APP, drew the attention of his lordship to your lordships’ order.
“His lordship ignored your lordships’ order and proceeded to deliver judgment.
“My noble lords, for over 25 years of my practice, I have never seen such a direct affront in the administration of justice.
“The judgment was delivered in clear violation of your lordship’s order and a gross violation of Section 287(2) of the Nigerian Constitution, which his lordship swore to protect,” Adetunbi said.
Counsel to INEC, I.S. Mohammed, told the court that the commission was unaware of what transpired at the Federal High Court on Monday.
Counsel to the Attorney General of the Federation, Prof J.O. Oladoke, aligned himself with INEC’s position.
Counsel to the 4th respondent, Mr Shuaibu Arua, said parties were summoned to the proceedings through a WhatsApp message and informed Justice Lifu of the Court of Appeal order.
“We informed Justice Lifu of the order of this court and he said he will take care of it in his judgment.
“It was bizarre, when we identified that the judgment to be delivered was part of the stay, the court below went ahead to deliver judgment.
“We are not at a stage where records will be provided and yet the judge will go ahead and deliver judgment saying no one can rest his judgment.
“This calls for a swift reaction from this Court because this is not, and a day should not come when this court is answerable to the Federal High Court. So this court must suspend the application of that judgment immediately,” he said.
Lawyers representing the political parties facing deregistration also urged the appellate court to exercise its disciplinary jurisdiction against the lower court.
However, counsel to the National Forum of Former Legislators (NFFL), Yakubu Ruba, SAN, opposed the application.
He argued that he was not served with the notice of appeal that led to the May 22 stay order and only became aware of it through a colleague, Mr Gbenga Makanjuola.
Ruba urged the court not to grant the application for stay of execution on the grounds of lack of fair hearing.
—
