Mark faults FG after ADC deregistration reversal

Former Senate President and National Chairman of the African Democratic Congress, David Mark, has criticised the Federal Government following the Court of Appeal’s decision to halt the deregistration of the ADC and four other political parties, declaring that the judiciary is now on trial.

The Court of Appeal in Abuja on Tuesday stayed the execution of a Federal High Court judgment that ordered the deregistration of the ADC, Action Peoples Party, Action Alliance, Accord Party and Zenith Labour Party.

A three-member panel led by Justice A.B. Mohammed also rebuked Justice Peter Lifu of the Federal High Court, Abuja, for delivering the judgment despite an earlier appellate court order restraining him from proceeding with the case.

The appellate court described the judge’s action as a “brazen violation” of the judicial hierarchy and the Constitution, adding that proceeding with the judgment in defiance of its order amounted to judicial misconduct.

“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 held.

The court subsequently granted the application for a stay of execution and suspended enforcement of the judgment.

Justice Lifu had on Monday ordered the Independent National Electoral Commission to deregister the five political parties, ruling that they failed to meet constitutional performance requirements under Section 225A of the 1999 Constitution.

During Tuesday’s proceedings, INEC informed the appellate court that it was unaware of the judgment’s delivery and only learned about it through media reports.

INEC’s counsel, Haliru Mohammed, said the commission had been aware of the Court of Appeal’s restraining order and therefore did not oppose the application for a stay of execution.

Counsel to the ADC, Shuaibu Aruwa, SAN, disclosed that the party was informed of the judgment’s delivery through a WhatsApp message from the trial judge, describing the action as an invitation to anarchy.

He urged the appellate court to take disciplinary action against Justice Lifu to protect the integrity of the judiciary.

Reacting to the ruling, ADC National Publicity Secretary, Bolaji Abdullahi, said the decision offered hope that the judiciary could redeem its credibility.

He, however, urged the National Judicial Council to urgently address the conduct of judges whose actions bring the judiciary into disrepute.

Similarly, the National Leader of the Action Peoples Party, Ikenga Ugochinyere, described the ruling as a vindication of the party’s position and called on the NJC to sanction judges whose actions undermine public confidence in the judiciary.

The Acting National Chairman of the Coalition of United Political Parties, Peter Ameh, also welcomed the ruling, warning against executive interference and judicial overreach.

The ADC presidential candidate, Atiku Abubakar, described the appellate court’s decision as a positive development, particularly noting that INEC initiated the application for the stay of execution.

Atiku also warned against using the courts to undermine democratic institutions, saying the judiciary was under intense public scrutiny.

“The disturbing spectacle of judicial contradictions and politically charged rulings playing out in our courts has placed the judiciary under intense public scrutiny,” he said.

A civil society organisation, Tap Initiative for Citizens’ Development, also called on the NJC to investigate Justice Lifu over his decision to deliver judgment despite the pending appeal and subsisting order staying proceedings.

The group said such actions threatened judicial hierarchy, legal certainty and public confidence in the justice system.

Speaking at the ADC Strategic Communications Retreat in Abuja, Mark insisted that the opposition party was not on trial.

“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.

He accused the ruling All Progressives Congress of attempting to distract and weaken opposition parties, alleging that the government was diverting attention from its challenges by targeting opposition platforms.

Despite the controversy, Mark urged party members to remain calm, expressing confidence that the ADC would emerge stronger from the legal battle.