The National Chairman of the African Democratic Congress (ADC), Senator David Mark, has criticised the Federal Government and expressed concern over the judiciary following the Court of Appeal’s decision to halt the deregistration of the ADC and four other political parties.
The appellate court’s ruling came after widespread reactions to a Federal High Court judgment that directed the Independent National Electoral Commission (INEC) to deregister the ADC, Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
Following the Court of Appeal’s intervention, political stakeholders welcomed the decision, while several groups called for an investigation into the conduct of Justice Peter Lifu, who delivered the initial judgment despite an earlier appellate court order directing a stay of proceedings.
Appeal Court Stops Deregistration Order
On Tuesday, the Court of Appeal in Abuja ordered a stay of execution of the Federal High Court judgment that had directed INEC to deregister the five political parties.
In a unanimous ruling delivered by a three-member panel led by Justice A.B. Mohammed, the court criticised Justice Peter Lifu for proceeding with the judgment despite an existing Court of Appeal order issued on May 22, 2026, which restrained further action on the matter.
“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 ruled.
The appellate court further described the action as a serious breach of judicial conduct.
“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 emphasised its responsibility to uphold the integrity of the judicial system and ensure compliance with its orders.
“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.”
INEC Expresses Surprise
During proceedings, INEC disclosed that it was unaware Justice Lifu intended to deliver the judgment and only learned about it through media reports.
INEC’s counsel, Haliru Mohammed, informed the court that the commission had complied with the Court of Appeal’s earlier order and did not oppose the application seeking a stay of execution.
“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,” he said.
The commission also supported the appeals filed by the affected political parties.
ADC Questions Judicial Conduct
ADC counsel, Shuaibu Aruwa (SAN), revealed that the notice for the judgment was allegedly communicated to the party through WhatsApp, a disclosure that reportedly drew reactions from the appellate judges.
Aruwa urged the Court of Appeal to invoke its constitutional powers to protect the integrity of the judiciary and sanction the trial 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 stated.
ADC Welcomes Appeal Court Decision
Reacting to the ruling, ADC National Publicity Secretary Bolaji Abdullahi described the decision as encouraging but said the controversy should never have occurred.
“It indicates that the judiciary may still redeem itself. We are cautiously delighted but we insist that it shouldn’t have happened in the first place,” he said.
He also urged the National Judicial Council (NJC) to take decisive action against judicial officers whose conduct undermines public trust in the courts.
APP, CUPP, Atiku React
The National Leader of the Action Peoples Party, Ikenga Ugochinyere, described the appellate court’s ruling as a victory for democracy and the rule of law.
“There was no need to panic in the first place, and, so, this ruling is a vindication of our position from the get-go,” he said.
He further called on the NJC to investigate judges whose decisions create confusion within the judiciary.
Similarly, the Acting National Chairman of the Coalition of United Political Parties (CUPP), Peter Ameh, said the ruling demonstrated the importance of defending democratic institutions against abuse.
Former Vice President Atiku Abubakar also welcomed the decision, noting that INEC’s support for the stay application added credibility to the outcome.
“I welcome the Court of Appeal’s decision to stay the execution of the Federal High Court judgment seeking the deregistration of our great party, the ADC, and four other political parties. It is particularly significant that INEC itself initiated the application for the stay,” he said.
Mark Says Judiciary Is Under Scrutiny
Speaking at the ADC Strategic Communications Retreat in Abuja, Senator David Mark argued that the controversy had shifted attention from the ADC to the judiciary itself.
“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.
Mark questioned how a judge could proceed with a matter despite an existing appellate court order and suggested that such actions could damage public confidence in the judicial system.
“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 stated.
The former Senate President assured party members that the ADC would overcome the legal challenge.
“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 said.
Calls for NJC Investigation
Civil society organisation Tap Initiative for Citizens’ Development has also petitioned the National Judicial Council, urging it to investigate Justice Lifu’s conduct.
The group argued that delivering judgment while an appellate court order was in force raised serious constitutional and procedural concerns.
According to the organisation, respect for judicial hierarchy and appellate authority remains critical to preserving public confidence in the justice system.
The group called on the NJC to determine whether judicial misconduct occurred and to take appropriate disciplinary measures if necessary.
The controversy continues to generate political and legal debate as parties prepare for the 2027 general elections.
