ADC National Chairman Senator David Mark said the judiciary is on trial following the Court of Appeal’s decision yesterday to reinstate the deregistration of the African Democratic Congress and four other parties. Mark warned the federal government against political manipulation.
The ADC has also assured its followers that it will stay on the ballot. Stakeholders also urged for consequences against Justice Peter Lifu for violating a superior court decision, The PUNCH reports.
The Court of Appeal’s decision to postpone the execution of the judgement has been hailed by political parties and stakeholders affected by the controversial deregistration ruling of the Federal High Court.
The Court of Appeal, Abuja, yesterday, ordered a stay of execution of the judgement that directed the Independent National Electoral Commission to deregister the ADC, Action Peoples Party, Action Alliance, Accord Party and Zenith Labour Party, after a stinging rebuke of Justice Lifu for flouting a May 22 appellate court order restraining him from delivering the ruling. GeographicReference
In the unanimous ruling, a three-man panel of the court led by Justice A. B. Mohammed yesterday chastised Justice Lifu of the Federal High Court, Abuja, for his failure to obey an order issued on May 22, directing him to pause proceedings before him, as the gravest form of judicial misconduct.
The panel ruled that the lower court’s decision to proceed with the judgement in the face of the express order of this court was a flagrant violation of the hierarchy of the court and the 1999 Constitution.
The appellate court went farther citing a Supreme Court precedent to describe Justice Lifu’s actions in the strongest terms.
The panel said the Supreme Court has ruled that a judge who acted in such a manner “is unfit for the bench as it amounts to judicial rascality. “The decision of the lower court to proceed with the judgement in defiance of the express order of this court is the highest judicial impertinence,” the panel said.
The court stated it had a duty to exercise its supervisory jurisdiction over the lower courts and protect the integrity of the judicial system.
“Courts have a duty to uphold their integrity. The trial court is under the supervision of this court. It is the obligation of this court to exercise its authorities to compel compliance with its orders. The application for stay of execution is thus granted. The panel ruled: “The enforcement of the judgement is stayed.
Justice Lifu of the Federal High Court in Abuja on Monday ordered INEC to de-register the ADC, Accord Party, Action Alliance, Action Peoples Party and Zenith Labour Party. The ruling said the five parties failed to meet the constitutional performance thresholds under Section 225A of the 1999 Constitution, including requirements to secure at least 25 per cent of votes in certain states or win seats in the 2023 general elections. GeographicalReference
Earlier in yesterday’s hearings, INEC told the appellate court that it was startled by Justice Lifu’s decision to give the judgement, revealing that the commission only got to know of the ruling from media reports and not by any official notice.
INEC’s lead lawyer, Mr Haliru Mohammed, informed the panel that the commission was aware of the ruling of the appellate court on May 22, preventing the lower court from delivering the judgement which had earlier been scheduled for June 5.
“We did not get the notice from the court for the delivery of judgement. We just noticed it as breaking news on the media. “Therefore, we do not oppose the application of the appellant to stay execution of the judgment,” Mohammed said.
The Commission also joined the notice of appeal filed by the concerned political parties.
Mr Shuaibu Aruwa, SAN, counsel to ADC, told the court that Justice Lifu delivered the judgement to the party via WhatsApp, a statement that evoked apparent emotions from the bench.
Aruwa criticised the conduct of the lower court as an invitation to anarchy and urged the appeal court to exercise its disciplinary jurisdiction under section 6 of the 1999 Constitution to sanction the judge.
“The trial judge’s action requires extraordinary and prompt action by this court. We’re at the point where this court should hit the reset button.
“We ask this court to discipline that judgement by immediately suspending it. The integrity of this court is within its own authority to protect. “We pray this court to stay the judgement forthwith and forthwith,” he continued.
APC responds
Reacting to the appellate court’s decision, the ADC’s National Publicity Secretary, Bolaji Abdullahi, said the judgement provided a glimmer of light for the credibility of the judiciary, but he was cautious not to rejoice wholeheartedly.
“It shows the judiciary can still redeem itself. We are happy but we are not happy. It shouldn’t have occurred in the first place,” Abdullahi said in a phone interview.
He called on the National Judicial Council to take prompt steps to remove judges from the bench whose conduct brought the institution into shame.
“We hope that the judicial council will take urgent steps to purge the bench of judges who bring the judicial institution into disrepute,” he said.
The National Leader of the Action Peoples Party, Ikenga Ugochinyere, was more categorical in his appreciation of the verdict saying it was a validation of the party’s position from the onset. He called on the NJC to weed out what he termed problematic justices.
“From the very beginning, there was no cause for alarm and this judgement confirms our position right from the start,” Ugochinyere added.
“We are calling on the NJC to purge the controversial justices who say one thing in the morning and another in the evening. These are the nasty eggs that give the judiciary a bad name,” he added.
Ugochinyere also expressed concern over the larger issue of public confidence in the justice system, cautioning that judicial inconsistency was eroding citizens’ respect for court pronouncements.
“Court pronouncements are supposed to be respected by citizens, especially as they emanate from institutions established by law. But when people start hiding behind technicalities, then we’ve got a problem regarding the integrity of those institutions.
How can we expect citizens to obey judicial decisions when so many no longer believe in the blind goddess of justice, but rather in the justice of the individual and personal interest? “This is the challenge that we are facing,” the APP leader said.
He also said the debate surrounding Justice Lifu’s verdict had created frustration across the country, some of which was aimed at the presidency.
“Too many reactions have been generated across the country in this situation. Many are venting their frustrations on the President. “There’s maybe a need for more clarity so that Nigerians know exactly what is happening,” Ugochinyere added.
But he hailed yesterday’s result as a win for democracy and the rule of law.
“What happened today (Tuesday) is a victory not only for democracy but for the rule of law. “We are happy because the courts have again shown their importance in our democratic process,” he remarked.
Other parties speak.
The Acting National Chairman of the Coalition of United Political Parties, Peter Ameh took a philosophical approach in receiving the verdict quoting the philosopher, Edmund Burke to underscore the essence of the appellate court involvement.
“The only thing that is needed for the triumph of evil is for good men to do nothing,” Ameh stated.
He spoke of the need to combat what he called presidential rascality and brazen judicial overreach.
In a statement released on his X Twitter, the ADC presidential candidate, Atiku Abubakar described the verdict as a great step. He noted that it was of particular relevance that INEC itself was the party that had initiated the application for the stay.
“I welcome the decision taken today by the Court of Appeal to stay the execution of the judgement of the Federal High Court that was seeking the deregistration of our great party, the ADC, and four other political parties. “What is very important is that the application for the stay was brought by INEC itself,” he wrote.
Atiku , Mark protest
The former Vice President, Atiku Abubakar also berated what he called judicial discrepancies in the current legal conflict, stressing that such events had placed the judiciary under severe public scrutiny.
“The judiciary has faced great public scrutiny with the disturbing spectacle of judicial contradictions and politically charged rulings being played out in our courts. “As National Chairman of ADC, Senator David Mark correctly observed that the judiciary itself is now on trial,” Atiku said.
He warned against any attempt to use the courts against Nigeria’s democratic institutions.
Any effort to subvert Nigeria’s hard-won democracy by judicial manipulation is a dangerous threat to the Republic. If our democracy is further damaged, history will hold those charged with the administration of justice responsible,” he said.
Justice Peter Lifu is to be investigated by the National Judicial Council for delivering judgement in a matter already before the Court of Appeal, following the judgement delivered by Justice Lifu.
In a statement yesterday, the head of the judiciary was urged by civil society organization, Tap Initiative for FOR Citizens’ Development to swiftly probe Justice Lifu over the judgement.
The appeal comes amid concerns over the apparent disregard of the hierarchy of courts and the possible consequences of such actions on the judiciary and Nigeria’s democracy as the country inches nearer to the 2027 general elections.
Justice Lifu directed the Independent National Electoral Commission to deregister five political parties for allegedly violating Section 225(A) of the Constitution.
But sources said the judgement was given despite an order halting proceedings by the Abuja Division of the Court of Appeal on May 22. Geographic Reference 1.
Since the judgement, the judge has been criticised from numerous directions, with some accusing him of compromising democratic ideals.
In a statement issued by its Executive Director, Mbasekei Martin Obono, the group sought the NJC to among others “Determine if the decision was delivered in disregard of pending appellate proceedings and a subsisting order of stay;
“Investigate possible violations of the judicial code of conduct; Take appropriate disciplinary action if misconduct is found; and
“Enhance the strength of the appellate courts and the priority of due process in the judiciary.”
The group said Justice Kudirat Kekere-Ekun, the Chief Justice of Nigeria, had often stressed the need for accountability, discipline and ethical conduct in the court.
It revealed that it had formally petitioned the CJN, in her capacity as Chairman of the NJC, for an investigation and possibly disciplinary action against Justice Lifu.
The petition was an opportunity to uphold the ideals of accountability and show that judicial independence is not incompatible with responsibility, the group said.
“Tap Initiative notes that at the time the said judgement was delivered there were subsisting appellate proceedings before the Court of Appeal in respect of the same subject matter in Appeal No. 569/2026-CA/ABJ. Also, the Court of Appeal had made an Enrolment Order expressly allowing a stay of proceedings in Suit No. FHC/ABJ/CS/2637/2025, being the very proceedings in which the Federal High Court delivered judgement thereafter.
“This development raises profound constitutional and procedural concerns as it appears that a valid order of stay and active appellate proceedings were in place at the material time. If this is confirmed, it would be a significant insult to the notion of judicial hierarchy and supervisory jurisdiction of the Court of Appeal in Nigeria’s constitutional order.
Tap Initiative notes that the integrity of Nigeria’s justice system is largely dependent on strict adherence to judicial hierarchy, discipline of procedure and respect for appellate authority. “Any departure from these principles risks creating conflicting judicial outcomes, undermining the certainty of law and public confidence in the courts”, he warned.
The group emphasised that the judiciary is the final chance for the common man and said that its legitimacy is maintained not just by constitutional power but also by the unshakeable public confidence in its fairness, discipline and observance of the rule of law.
It so called on the NJC to examine the matter with the haste and seriousness it deserves in the sake of justice, democracy and national stability.
The National Chairman of the African Democratic Congress, Senator David Mark, yesterday said that it was the Nigerian judiciary, and not the opposition party, that was on trial over the controversy surrounding the de-registration of the ADC and four other political parties.
Speaking at the ADC Strategic Communications Retreat in Abuja, the former Senate President accused the court of activities that could undermine public faith in the nation’s democratic process, while challenging the conduct of Justice Peter Lifu in matters connected to the party. Geographic Reference:
“The outcome of the controversy will test the credibility of the judiciary and the ability of the National Judicial Council to address the concerns raised by the case,” Mark said.
“The ADC is not being tried. Rather it is the judiciary which is on trial and the public is waiting to see how the National Judicial Council is going to manage this perilous situation,” he said.
The ADC chairman raised worry over what he characterised as unusual judicial measures, saying Justice Lifu had disobeyed an order of the Court of Appeal demanding a halt of proceedings in the matter.
“It was difficult to understand how a judge could be party to conduct that seemed to run counter to existing court orders,” he said.
Mark also said the judge had made contradictory rulings on the party status in a short space of time.
“It is strange that a judge can ask the Independent National Electoral Commission to announce a party dead and within 24 hours, the same party will be put on trial,” he remarked.
The comments come amid rising political tension over recent judicial issues hurting opposition parties in the lead up to preparations for the next electoral cycle.
“The court setback should not make the party members lose confidence in the ADC, the party will come out stronger from the dispute,” Mark told party members.
As I have indicated before, our members should not be worried about the ruling party’s machinations. We shall go through all these turbulences because we are up for the challenge. “ADC will come out stronger by the time we are done with all these,” he said.
The former Senate President also accused the ruling All Progressives Congress APC of attempting to weaken the opposition forces through distractions, adding that the ruling party was battling to defend its record in office.
He said the President Bola Tinubu-led government was deflecting attention from its issues by attacking opposition platforms.
Mark told party communicators at the workshop to design messaging that can broaden the appeal of the ADC to the other side of the political divide, including those in the ruling party.
He pushed the PR team to come up with compelling stories that would draw more Nigerians to the ADC project.
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