David Mark Cautions FG Against Political Manipulation As Appeal Court Reverses ADC Deregistration

ADC National Chairman Senator David Mark stated the judiciary is on trial and warned the federal government against political manipulation following the Court of Appeal’s decision to reverse the deregistration of the African Democratic Congress and four other parties on Monday.

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.