Justice Lifu

A civil society organisation, Tap Initiative for Citizens’ Development, has filed a formal petition with the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, and the National Judicial Council (NJC), demanding an urgent investigation into alleged judicial misconduct by Justice Peter Lifu of the Federal High Court, Abuja Division, for reportedly delivering the judgment ordering the deregistration of five political parties despite the existence of a subsisting Court of Appeal order staying proceedings in the very same suit.

The petition, dated June 16, 2026, and signed by the organisation’s Executive Director, Mbasekei Martin Obono, Esq., raises a specific and potentially devastating allegation: that the Court of Appeal had already granted a stay of proceedings in Suit No. FHC/ABJ/CS/2637/2025 through an Enrolment Order issued in connection with an appeal marked CA/ABJ/CV/569/2026 before Justice Lifu proceeded to deliver his judgment on June 15, 2026, ordering INEC to deregister the African Democratic Congress (ADC), Accord Party, Action People’s Party (APP), Action Alliance (AA), and Zenith Labour Party (ZLP).

If the allegation is substantiated, it would mean that Justice Lifu delivered a judgment of enormous political consequence, one that effectively removed five political parties from the electoral landscape and threatened the political ambitions of major figures including former Vice President Atiku Abubakar and Osun State Governor Ademola Adeleke, in defiance of a valid order from a superior court, an act that would constitute one of the most serious breaches of judicial conduct and hierarchical authority in recent Nigerian judicial history.

The petition stated that an appeal marked CA/ABJ/CV/569/2026 was already pending before the Court of Appeal at the time Justice Lifu delivered his judgment. More critically, the organisation alleged that the Court of Appeal had issued an Enrolment Order granting a stay of proceedings in the same Suit No. FHC/ABJ/CS/2637/2025 in which Justice Lifu subsequently delivered judgment.

A stay of proceedings, when granted by an appellate court, operates to suspend all further action in the matter at the lower court until the appeal is determined or the stay is discharged. A trial court judge who delivers judgment in a matter where a stay of proceedings has been granted by a superior court acts in violation of the appellate court’s authority, and the resulting judgment is liable to be set aside as a nullity.

“The situation raises profound constitutional and procedural concerns, as it appears that a valid order of stay and active appellate proceedings were in force at the material time,” the organisation stated.

Tap Initiative framed the allegation within the broader constitutional framework governing the relationship between courts of coordinate and superior jurisdiction.

The hierarchy of courts in Nigeria is established by the Constitution and reinforced by Section 287, which provides that decisions of the Court of Appeal shall be enforced in any part of the Federation by all authorities and persons. A Federal High Court judge who proceeds to deliver judgment in a matter where the Court of Appeal has issued a stay acts in contravention of this constitutional provision, effectively treating the appellate court’s order as if it did not exist.

The organisation argued that proceeding with the judgment despite the alleged stay order raised concerns about “respect for judicial hierarchy and the authority of appellate courts,” issues that go to the foundational structure of Nigeria’s judicial system.

“Any confirmation that the Federal High Court acted despite a subsisting appellate order would represent a threat to Nigeria’s judicial system and undermine confidence in the administration of justice,” the petition stated.

The petition also accused Justice Lifu’s action of potentially conflicting with provisions of the Code of Conduct for Judicial Officers of Nigeria, which requires judges to maintain high ethical standards, fairness, diligence, and conduct capable of preserving public confidence in the judiciary.

The Code of Conduct for Judicial Officers establishes the ethical framework within which all Nigerian judges must operate. Its provisions cover judicial temperament, respect for the law and superior courts, fairness to all parties, and the obligation to ensure that judicial conduct does not bring the judiciary into disrepute or undermine public confidence in the administration of justice.

If Justice Lifu delivered judgment in defiance of a subsisting Court of Appeal order, such conduct could potentially breach multiple provisions of the Code, including those relating to respect for the judicial hierarchy, diligence in ascertaining the status of proceedings before delivering judgment, and the obligation to maintain public confidence in the judiciary through lawful and proper conduct.

Beyond the legal and procedural concerns, the petition warned of wider implications for Nigeria’s democratic process. The organisation noted that the judgment comes at a critical juncture, with the 2026 off-cycle governorship elections and the 2027 general elections approaching.

“Political parties serve as constitutional platforms through which citizens exercise their rights to association, participation and representation,” the organisation stated, warning that “decisions affecting their existence could impact millions of voters.”

“Any judicial action that significantly alters their participation in the electoral process inevitably affects not only the parties themselves but also the democratic rights of citizens who rely on them for political expression,” the petition added.

The point underscores the practical stakes of the judgment. If five political parties are deregistered based on a judgment allegedly delivered in violation of a subsisting appellate order, the candidates who emerged from those parties’ primaries, the voters who support those parties, and the democratic process itself would all be adversely affected by a judicial act that may itself be unlawful.

Tap Initiative set out specific demands for the NJC.

First, an urgent investigation into whether Justice Lifu’s judgment was delivered in disregard of pending appellate proceedings and a subsisting Court of Appeal stay order.

Second, a determination of whether Justice Lifu’s conduct breached the Code of Conduct for Judicial Officers of Nigeria and other applicable standards of judicial conduct.

Third, a determination of whether disciplinary measures against Justice Lifu are necessary and appropriate based on the findings of the investigation.

Fourth, a reaffirmation of the authority of appellate courts within Nigeria’s judicial hierarchy, sending a clear signal that lower court judges who disregard orders from superior courts will face consequences.

The petition praised CJN Kekere-Ekun’s reported focus on accountability and ethical standards within the judiciary, describing the matter as an opportunity to strengthen public confidence in the courts.

“The judiciary remains the last hope of the common citizen. Its legitimacy is sustained not only by constitutional authority but by unwavering public confidence in its fairness, discipline, and respect for the rule of law,” the organisation stated.

The framing is significant because it positions the petition not as an attack on the judiciary but as a defence of judicial integrity, arguing that holding judges accountable for alleged misconduct strengthens rather than weakens the institution.

The petition against Justice Lifu is the latest in a series of concerns raised about his conduct in politically sensitive cases. Prof. Chidi Odinkalu, the former Chairman of the National Human Rights Commission, had earlier reacted to the deregistration judgment with a pointed comment on social media: “Peter Lifu never disappoints. As judge of the Federal High Court, you can predict the cases that will come to his court and you can predict what he will decide.”

Senior Advocate Ubani SAN also questioned whether the judgment went beyond the Supreme Court’s position, raising concerns about the standing of the plaintiffs, whether INEC’s constitutional duty is self-executing or requires prior institutional determination, and whether the court’s order constituted an impermissible judicial substitution of administrative discretion.

The same day Justice Lifu ordered the deregistration of the five parties in Abuja, the Federal High Court in Owerri delivered a directly contradictory judgment holding that the APP was never lawfully deregistered and remains a validly registered party, slapping a N20 million fine on the plaintiff who challenged the party’s status for “wasting the time of the court.”

The petition to the NJC adds a new and potentially determinative dimension to the controversy: if a Court of Appeal stay order was indeed in force when the judgment was delivered, the entire ruling may be a nullity not merely on its merits but because the trial court lacked the authority to act at all.

Justice Lifu, the Federal High Court, and the NJC had not publicly responded to the petition as at the time of this report. The affected political parties have not publicly commented on the specific allegation regarding the Court of Appeal stay order, though appeals against the judgment are widely expected.

The petition was signed by Mbasekei Martin Obono, Esq., Executive Director of Tap Initiative for Citizens’ Development, and dated June 16, 2026.

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