Opposition party accuses Federal High Court judge of defying Court of Appeal’s stay of proceedings as fresh judicial accountability debate emerges ahead of the 2027 general elections.
By John Ishaku
Abuja, Nigeria | July 30, 2026
Introduction
The African Democratic Congress (ADC) has formally petitioned the National Judicial Council (NJC) against Justice Peter Lifu of the Federal High Court, Abuja, alleging judicial misconduct in his handling of the now-nullified case that ordered the deregistration of the ADC and four other political parties.
The development follows a landmark judgment by the Court of Appeal which overturned Justice Lifu’s ruling, holding that the trial court lacked jurisdiction to entertain the suit and criticizing the judge for proceeding with the matter despite an earlier order directing him to stay proceedings pending the determination of an appeal.
The controversy has intensified public scrutiny of judicial discipline, the hierarchy of courts, and the role of the judiciary in safeguarding Nigeria’s democratic process as political parties prepare for the 2027 general elections.
ADC Confirms Petition to National Judicial Council
The ADC’s National Legal Adviser and former Edo State Governor, Prof. Oserheimen Osunbor, confirmed that the party had filed a petition before the National Judicial Council, Nigeria’s constitutional body responsible for judicial discipline.
Speaking during Channels Television’s Politics Today, Osunbor described Justice Lifu’s actions as a serious breach of judicial ethics and constitutional order.
According to him, the petition seeks to ensure accountability within the judiciary while preserving public confidence in Nigeria’s justice system.
“We had actually petitioned Justice Lifu to the NJC. We already have a petition against him, and we are pursuing it because it is incumbent on all of us to ensure that we have a sanitised judiciary in Nigeria.”
Allegation of Disregarding Appellate Court Order
At the centre of the controversy is the allegation that Justice Lifu proceeded to deliver judgment despite receiving a formal order from the Court of Appeal directing him to suspend proceedings until the appeal was determined.
Osunbor argued that obedience to superior court orders is fundamental to the administration of justice and accused the trial judge of deliberately ignoring judicial hierarchy.
According to him, such conduct undermines both the rule of law and public confidence in the judiciary.
He maintained that regardless of personal legal interpretation, lower courts are constitutionally bound to obey valid orders issued by appellate courts.
Appeal Court Sets Aside Deregistration Judgment
The petition comes shortly after the Court of Appeal in Abuja unanimously nullified the Federal High Court’s judgment ordering the deregistration of five political parties:
- African Democratic Congress (ADC)
- Action Peoples Party (APP)
- Action Alliance (AA)
- Accord Party (AP)
- Zenith Labour Party (ZLP)
The three-member appellate panel held that the trial court’s decision was legally unsustainable because the originating suit filed by the National Forum of Former Legislators (NFFL) was incompetent.
According to the appellate court, the NFFL lacked the legal standing (locus standi) required to institute the action.
As a result, the court ruled that the Federal High Court lacked jurisdiction to entertain the suit.
Court Criticises Trial Judge’s Conduct
In one of the strongest observations contained in the appellate judgment, the Court of Appeal faulted Justice Lifu for continuing with the proceedings despite the subsisting stay order.
The appellate court reportedly described the action as “a form of judicial impertinence,” while referencing earlier Supreme Court decisions emphasizing that judges who disregard superior court orders risk disciplinary consequences.
The judgment further stressed that judicial discipline and respect for the hierarchy of courts remain essential pillars of constitutional democracy.
Legal observers note that although such language does not automatically establish judicial misconduct, it reflects the appellate court’s strong disapproval of the trial court’s procedural approach.
Political Implications Ahead of 2027 Elections
Justice Lifu’s earlier judgment had restrained the Independent National Electoral Commission (INEC) from recognizing the affected parties or accepting candidates sponsored by them for the 2027 general elections.
Had the ruling remained in force, it could have significantly altered Nigeria’s political landscape by excluding several opposition parties from participating in future elections.
The Court of Appeal’s decision has now restored the legal status of all five political parties, allowing them to continue political activities pending any further appeal.
Political analysts believe the ruling reinforces judicial oversight over electoral disputes while preserving political pluralism ahead of the next election cycle.
ADC Raises Concerns About Opposition Politics
Prof. Osunbor also criticized what he described as attempts to weaken opposition parties through litigation.
He disclosed that many Nigerians initially believed the Independent National Electoral Commission (INEC) was acting in concert with those seeking to reduce political competition, although the appellate court ultimately resolved the dispute on jurisdictional grounds rather than allegations involving INEC.
The ADC maintains that strong democratic institutions require robust political competition and equal protection for all legally registered parties.
Legal Experts Highlight Importance of Judicial Independence
Constitutional lawyers say the controversy extends beyond the fate of five political parties.
According to legal experts, the dispute raises broader questions concerning:
- Judicial independence.
- Compliance with appellate court orders.
- Separation of powers.
- Electoral justice.
- Public confidence in the judiciary.
- Internal judicial accountability.
They note that while judges enjoy constitutional independence in deciding cases, that independence operates within established legal procedures and the binding authority of superior courts.
Role of the National Judicial Council
The National Judicial Council is constitutionally empowered to investigate allegations of judicial misconduct involving judges of superior courts.
Where misconduct is established after due process, the Council may recommend disciplinary measures ranging from warnings and suspension to compulsory retirement or dismissal, depending on the gravity of the findings.
Legal analysts emphasize, however, that the filing of a petition does not imply guilt, as every judicial officer is entitled to fair hearing during disciplinary proceedings.
At the time of filing this report, the NJC had not publicly announced any determination regarding the ADC’s petition.
The ADC’s petition against Justice Peter Lifu marks another significant chapter in an already contentious legal battle over the attempted deregistration of political parties. While the Court of Appeal has restored the legal status of the affected parties and criticized aspects of the trial court’s handling of the case, the petition before the National Judicial Council introduces a separate question of judicial accountability.
As Nigeria moves closer to the 2027 general elections, the outcome of both the legal proceedings and any disciplinary review could shape public confidence in the judiciary’s role as an impartial guardian of constitutional democracy. For now, the Appeal Court’s judgment has reaffirmed a central principle of the legal system: lower courts are expected to respect and comply with the lawful orders of superior courts.
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