Momentary victory for Atiku Abubakar, presidential candidate of the African Democratic Congress, and others as the Court of Appeal in Abuja has ordered a stay of execution of the judgment that directed the Independent National Electoral Commission, INEC, to deregister ADC and four political parties.
A three-member panel led by Justice A. B. Mohammed, in a unanimous decision on Tuesday, condemned Justice Peter Lifu of the Federal High Court in Abuja for flouting a May 22 order.
According to the panel, “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 appellate court invoked a Supreme Court precedent to characterize Justice Lifu’s conduct in the harshest terms available to it.
“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.
It added 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.”
According to the appellate court, 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.
