A civil society organisation, Tap Initiative for Citizens’ Development, petitioned the Chief Justice of Nigeria, Kudirat Kekere-Ekun, and the National Judicial Council this week, seeking an investigation into the conduct of Justice Peter Lifu of the Federal High Court and possible sanctions should wrongdoing be established.
The petition followed Justice Lifu’s controversial judgment ordering the deregistration of the African Democratic Congress and four other political parties, delivered despite a subsisting Court of Appeal order staying further proceedings in the matter. The Court of Appeal subsequently suspended the judgment, with a three-member panel describing the trial judge’s conduct as judicial rascality.
NJC Petition Seeks Formal Accountability
Tap Initiative Executive Director Mbasekei Obono said the petition was necessary to ensure judicial accountability, arguing that judges who disregard the orders of superior courts undermine public confidence in the judiciary. The group asked the NJC to determine whether Justice Lifu’s actions violated judicial conduct rules and to recommend appropriate sanctions if violations are confirmed.
ADC National Chairman Senator David Mark separately said the Nigerian judiciary itself was now on trial, following the episode. The party has also indicated it would pursue its own legal challenge against the original judgment, in addition to supporting calls for an NJC investigation into the judge’s conduct.
Case Highlights Judicial Hierarchy Concerns
Legal experts say the case raises important questions about respect for judicial hierarchy, noting that lower courts are generally bound to comply with stay orders issued by appellate courts pending the resolution of appeals. Furthermore, INEC’s own lawyers told the Court of Appeal they were unaware any notice had been given that judgment would be delivered, despite the subsisting stay order. Consequently, the NJC’s eventual handling of the petition could set an important precedent for how Nigeria’s judiciary disciplines judges who act in apparent defiance of established appellate procedure.
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