A civil society organisation, Tap Initiative for Citizens' Development, has filed a petition with the Chief Justice of Nigeria, Kudirat Kekere-Ekun, and the National Judicial Council, seeking an investigation into the conduct of Judge Peter Lifu of the Federal High Court in Abuja. The petition concerns his judgement ordering the deregistration of five political parties.
Allegations of Disregard for Appellate Orders
The organisation alleged that Judge Lifu delivered the judgement despite a pending appeal and a subsisting Court of Appeal order staying proceedings in the case. It urged the NJC, the body with statutory powers to discipline Nigerian judges, to investigate Mr Lifu for possible judicial misconduct and to sanction him if wrongdoing is established.
The petition, dated 16 June and received by the Office of the CJN on the same day, was signed by the Executive Director of Tap Initiative for Citizens' Development, Mbasekei Martin Obono, a lawyer. A copy of the petition was shared with PREMIUM TIMES on Tuesday.
Details of the Judgement
PREMIUM TIMES reported that Judge Lifu, on Monday, ordered the Independent National Electoral Commission to deregister the African Democratic Congress, Accord, Action Alliance, Action Peoples Party, and Zenith Labour Party. The judgement followed a suit filed by the National Forum of Former Legislators, through their counsel Oladimeji Ekengba, who asked the court to compel INEC to remove the parties for alleged failure to meet constitutional requirements for continued registration.
In the judgement, Mr Lifu agreed with the plaintiff that the affected parties breached constitutional thresholds for registered political parties and were liable for deregistration under Section 225(a) of the Nigerian Constitution. The constitution requires parties to secure at least 25 per cent of votes cast in one state in a presidential election, or one local government in a governorship election, or win at least one ward in a chairmanship election, one seat in the National or State House of Assembly, or one councillorship seat.
The judge held that none of the five parties met any of these conditions and must be deregistered.
Court of Appeal Stay Order Ignored
Before delivering the judgement, lawyers for some affected parties drew the court's attention to an order of the Court of Appeal issued on 22 May directing the trial court to stay proceedings pending the determination of an interlocutory appeal filed by Accord. The appeal arose from Judge Lifu's earlier refusal to join Osun State Governor Ademola Adeleke, who is seeking re-election as Accord's governorship candidate, as a defendant in the suit.
However, Judge Lifu declined to halt proceedings, holding that no subsisting order of stay had been served on his court before parties adopted their final written addresses and before the matter was fixed for judgement. He also ruled that the law does not recognise the arrest of judgement and concluded there was no express order preventing him from delivering the decision.
Concerns Over Judicial Hierarchy and Democratic Stability
Tap Initiative warned that the development goes beyond court procedure and affects the stability of democratic governance in Nigeria. The group said respect for appellate hierarchy is central to the protection of democracy and the rule of law. It added that the appellate court had already assumed jurisdiction, and any parallel decision at the trial court level risks undermining that authority.
The organisation said such a situation could produce conflicting judicial outcomes and weaken public trust in the judiciary. It maintained that compliance with appellate processes is essential for legal certainty and democratic order.
Political Tensions and Democratic Risks
Aside from judicial hierarchy, the group maintained that the judgement carries wider implications beyond the courtroom. It warned that it could heighten political tension and disrupt stability in the democratic space. The group said political parties serve as platforms for citizens' participation, representation, and political association.
The organisation noted that any judicial action affecting party participation also impacts fundamental democratic rights of citizens. It cautioned that the situation could narrow political competition ahead of the 2026 off-cycle governorship elections and the 2027 general elections, and could ultimately limit voter choice in a multi-party democracy.
Call for NJC Investigation and Sanctions
The group urged the NJC to investigate Judge Lifu for possible judicial misconduct. It asked the council to determine whether the judgement was delivered in disregard of pending appellate proceedings and a subsisting order of stay issued by the Court of Appeal. It called on the NJC to examine possible breaches of the Code of Conduct for Judicial Officers, including provisions on fairness, diligence, and adherence to due process.
The organisation also urged the council to take appropriate disciplinary action if any wrongdoing is established. It asked the NJC to reaffirm the authority of appellate courts and reinforce compliance with judicial hierarchy within the justice system. The group concluded that strong disciplinary oversight remains necessary to sustain public confidence in the judiciary.
