BREAKING: Court Of Appeal Order Stay Of ADC, Other Parties Deregistration Judgment
From Muhammad Kabir Kano
The Execution of the null judgment of Justice Peter Lifu ordering INEC to deregister ADC and 4 other parties has been stayed by the Court of Appeal pending the hearing and determination of the appeal.
The Independent National Electoral Commission (INEC) had asked the Court of Appeal in Abuja to stay the execution of the judgment that ordered the deregistration of the African Democratic Congress (ADC) and four other political parties.
The Commission also threw its weight behind a notice of appeal lodged by the political parties.
Addressing a three-member panel of the appellate court on Tuesday, the electoral body said it was shocked by the decision of Justice Peter Lifu of the Federal High Court in Abuja to deliver the judgment despite an order that stopped him from doing so.
INEC, through its team of lawyers led by Mr. Haliru Mohammed, decried that it was not notified that the judgment would be delivered, saying it only heard about the court’s decision through media reports.
“My Lords, we are aware of an order that this court made on May 22, which stopped the delivery of the judgment of the lower court, which was initially reserved for delivery on 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.”
Likewise, counsel to the ADC, Mr. Shuaibu Aruwa, SAN, told the appellate court that Justice Lifu notified the party of the delivery of the judgment via WhatsApp.
Insisting that the decision of the high court was an invitation to anarchy, counsel to the ADC urged the appellate court to invoke its powers and sanction Justice Lifu for disrespecting the judicial hierarchy.
“Sincerely, my Lords, a lot has happened to the judiciary and this profession. What the trial judge did was dare this Court of Appeal by insisting that no one could arrest his judgment, even after his attention was drawn to the stay order from this court.
“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 are calling on this court to exercise disciplinary jurisdiction under Section 6 of the 1999 Constitution, as amended.
“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,” ADC’s lawyer submitted.
The three Member Justices than ordered that the INEC stayed of execution of the Judgement pending the determination of the substantive suit before the Court.
