ABUJA, Nigeria — A civil society organisation, TAP Initiative for Citizens’ Development, has petitioned the National Judicial Council (NJC), seeking an investigation into the conduct of Justice Peter Lifu of the Federal High Court over his judgment ordering the deregistration of the African Democratic Congress (ADC) and four other political parties.
In the petition dated June 16, the group asked Kudirat Kekere-Ekun, the Chief Justice of Nigeria and chairman of the NJC, to investigate Justice Lifu for allegedly disregarding a subsisting court order and pending appellate proceedings. The petition accused the judge of judicial misconduct for proceeding with the case despite a clear directive from the Court of Appeal to suspend proceedings.
The Federal High Court had on Monday ordered the Independent National Electoral Commission (INEC) to deregister the ADC, Accord Party, Action Alliance, Action Peoples Party, and Zenith Labour Party for allegedly failing to meet the constitutional performance thresholds under Section 225A of the 1999 Constitution, including requirements related to securing at least 25 per cent of votes in a state or winning elective seats in the 2023 elections.
However, the Court of Appeal, Abuja Division, had previously issued an order directing the lower court to suspend proceedings in the matter pending the determination of an appeal filed by the affected parties. The appellate court, in a unanimous decision by a three-member panel led by Justice A.B. Mohammed, described the lower court’s action as “the highest form of judicial impertinence” and a “brazen violation of the hierarchy of the court and the 1999 Constitution.”
The TAP Initiative, in its petition, argued that Justice Lifu’s conduct amounted to a deliberate disregard for the rule of law and the authority of the appellate court. The group stated that the judgment has created confusion and uncertainty in the nation’s political landscape, as the affected parties had already filed appeals challenging their deregistration.
The petition further alleged that the judge’s action could erode public confidence in the judiciary and undermine the democratic process. The CSO called on the NJC to investigate the matter thoroughly and take appropriate disciplinary action against the judge if the allegations are found to be true.
The ADC and Accord Party have both rejected the Federal High Court judgment and have filed appeals at the Court of Appeal. The Court of Appeal has fixed June 25 for the definite hearing of the substantive appeals. Following Tuesday’s ruling, the five political parties remain registered pending the outcome of their appeals.
The NJC is yet to issue an official statement on the petition. However, sources indicate that the council is expected to review the petition at its next meeting and determine whether to invite the judge for questioning or to empanel a committee to investigate the allegations.
Legal experts have expressed divergent views on the petition. Some argue that the NJC has the constitutional mandate to investigate judicial officers for misconduct and that the petition falls within its purview. Others contend that the proper channel for addressing judicial errors is through the appellate process rather than the NJC.
As the petition awaits consideration by the NJC, the legal battle over the deregistration of the political parties continues. The Court of Appeal is expected to hear the substantive appeals on June 25, and the outcome of those appeals will determine the final status of the affected parties.
