The National Chairman of African Democratic Congress Senator David Mark has said the judiciary is on trial and warned the Federal Government against political manipulation. This statement was made on the backdrop of the Court of Appeal’s decision which reversed the deregistration of the African Democratic Congress and four other political parties.
Stakeholders also called for sanctions against Justice Peter Lifu for flouting a superior court order, as the ADC assures supporters they will remain on the ballot.
Political parties and stakeholders affected by the Federal High Court’s controversial deregistration order welcomed the Court of Appeal’s decision to stay the execution of the judgment.
The Court of Appeal in Abuja had on Tuesday ordered a stay of execution of the judgment that directed the Independent National Electoral Commission to deregister the ADC, Action Peoples Party, Action Alliance, Accord Party and Zenith Labour Party, while delivering a stinging rebuke to Justice Lifu for flouting a May 22 appellate court order restraining him from delivering the ruling.
In a unanimous decision on Tuesday, a three-member panel led by Justice A. B. Mohammed condemned Justice Lifu of the Federal High Court in Abuja for flouting a May 22 order that directed him to suspend proceedings before him, describing his conduct as the gravest form of judicial misconduct.
“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 held.
The appellate court went further, invoking a Supreme Court precedent to characterise Justice Lifu’s conduct in the harshest terms.
“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 panel declared, adding that 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.”
The court said it had a duty to assert its supervisory authority over lower courts and protect the integrity of the judicial hierarchy.
“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 Federal High Court in Abuja, presided over by Justice Lifu, had on Monday ordered INEC to deregister the ADC, Accord Party, Action Alliance, Action Peoples Party and Zenith Labour Party, ruling that the five parties failed to meet the constitutional performance thresholds under Section 225A of the 1999 Constitution, specifically, requirements related to securing at least 25 per cent of votes in certain states or winning seats in the 2023 general elections.
Earlier in Tuesday’s proceedings, INEC told the appellate court it was stunned by Justice Lifu’s decision to deliver the judgment, disclosing that the commission only learned of the ruling through media reports rather than any official notification.
INEC’s lead counsel, Mr Haliru Mohammed, told the panel that the commission had been aware of the appellate court’s May 22 order restraining the lower court from delivering the judgment, which had originally been reserved for June 5.
“We were not aware of any notice from the court regarding the delivery of the judgment. We only saw it as breaking news in the media. We therefore do not oppose the application of the appellant to stay the execution of the judgment,” Mohammed submitted.
The commission also aligned itself with the notice of appeal filed by the affected political parties.
Counsel to the ADC, Mr Shuaibu Aruwa, SAN, told the court that Justice Lifu communicated the judgment’s delivery to the party via WhatsApp, a disclosure that drew visible reactions from the bench.
Aruwa described the lower court’s conduct as an invitation to anarchy and urged the appellate court to invoke its disciplinary jurisdiction under Section 6 of the 1999 Constitution to sanction the judge.
“The action of the trial judge calls for swift and extraordinary measures from this court. We have come to the stage where this court should press the reset button.
“We urge this court to take disciplinary steps by immediately suspending that judgment. This court has the power to protect its own integrity. We pray this court suspends the judgment immediately without further delay,” he added.
Senator Mark declared that the Nigerian judiciary, rather than the opposition party, is the institution facing scrutiny over the controversy surrounding the deregistration of the ADC and four other political parties.
Speaking at the ADC Strategic Communications Retreat in Abuja on Tuesday, the former Senate President accused the judiciary of actions capable of undermining public confidence in the nation’s democratic process, while questioning the conduct of Justice Peter Lifu in matters relating to the party.
According to Mark, the outcome of the controversy will test the credibility of the judiciary and the ability of the National Judicial Council to address concerns arising from the case.
“The ADC is not on trial. Rather, it is the judiciary that is on trial and the nation is waiting to see how the National Judicial Council is going to handle this precarious situation,” he said.
The ADC chairman expressed concern over what he described as unprecedented judicial actions, alleging that Justice Lifu ignored an order of the Court of Appeal directing a stay of proceedings in the matter.
He said it was difficult to comprehend how a judge could be involved in actions that appeared to contradict existing court directives.
Mark further alleged that the judge issued conflicting decisions regarding the status of the party within a short period.
“It is strange that a judge can order the Independent National Electoral Commission to pronounce a party dead and in less than 24 hours put the same party on trial,” he said.
The remarks come amid growing political tension over recent legal challenges affecting opposition parties ahead of preparations for the next electoral cycle.
Despite the legal setback, Mark urged party members not to lose confidence in the ADC, insisting that the party would emerge stronger from the dispute.
“Like I have said previously, our members should not worry about the shenanigans of the ruling party. We will go through all these turbulence because we are up to the task. By the time we are through all these, ADC will come out stronger,” he stated.
The former Senate President also accused the ruling All Progressives Congress APC of attempting to weaken opposition forces through distractions, claiming that the governing party was struggling to defend its record in office.
He alleged that the President Bola Tinubu-led government is diverting attention from its challenges by targeting opposition platforms.
Addressing party communicators at the retreat, Mark charged them to craft messages capable of expanding the ADC’s appeal across political divides, including among members of the ruling party.
He challenged the communications team to develop persuasive narratives that would attract more Nigerians to the ADC project.