Senior Advocate of Nigeria, Dr. Monday Onyekachi Ubani, has said that no judge in Nigeria can be punished merely for reaching a decision considered wrong, unless an investigation establishes misconduct in the exercise of judicial powers.
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Ubani stated this on Arise TV’s Daybreak while reacting to the controversy surrounding the judgment of Justice Peter Lifu of the Federal High Court, Abuja, which ordered the Independent National Electoral Commission to deregister the African Democratic Congress, Accord Party and three other political parties.
The Court of Appeal had subsequently stayed the execution of the judgment, holding that the trial court violated the principles of judicial precedence and hierarchy of courts by proceeding to deliver judgment despite an earlier order staying proceedings in the matter.
Speaking on the development, Ubani said although the matter was now before the Court of Appeal and public commentary must be made with caution, the appellate process remains the proper mechanism for correcting judicial errors.
He said the Court of Appeal’s swift intervention showed that the legal system has a self-corrective structure.
“I am very happy with our system. Our system has what you call self-corrective measures. That is why in law there are appellate options — the Court of Appeal and up to the Supreme Court,” he said.
On whether Justice Lifu should face disciplinary action, Ubani cautioned against assuming that a wrong decision automatically amounts to punishable conduct.
According to him, judges, like every other human being, can make mistakes, and the proper response to an erroneous judgment is an appeal.
“I want to say this: no judge in Nigeria will be punished for reaching a decision that somebody considers wrong. There is an appellate process. You have a right to go on appeal in order to challenge the decision of a lower court,” Ubani said.
He, however, noted that where a judge’s decision is investigated and misconduct is established, disciplinary consequences may follow.
“But where a judge reaches a decision and investigation is carried out and misconduct is established, that is where he will be punished. Reaching a wrong decision does not in any way entail punishment automatically,” he added.
Ubani said if a petition is written alleging misconduct in the handling of the matter, the relevant authorities would be expected to act in accordance with the law.
He also stressed that lower courts are bound by the decisions and orders of superior courts, regardless of how strongly a judge feels about his own legal reasoning.
“A lower court must obey the judgment of the higher court irrespective of your radicality or opinion. Even no matter how brilliant you are in law, there is precedent. There is order,” he said.
The senior lawyer expressed concern that Nigeria’s legal system was facing increasing problems with adherence to precedent and obedience to superior court orders.
According to him, failure to respect judicial hierarchy creates incoherence in the legal system, though appellate courts often intervene to correct such errors.
On the substance of the deregistration case, Ubani said INEC is the body constitutionally empowered to evaluate whether a political party has met the threshold for deregistration.
He said the Constitution gives INEC the power to make that administrative determination, after which the court may review whether the commission acted lawfully.
Ubani questioned whether a court could substitute its own opinion for that of an institution constitutionally empowered to exercise a specific administrative function.
“The judiciary cannot come and begin to dictate to a body that is clearly independent and has exclusivity in terms of exercise of power what to do or what not to do,” he said.
He added that the Court of Appeal would determine whether the Federal High Court had the power to substitute its own decision for that of INEC in the circumstances.
On the risk posed by the judgment to the affected parties, especially ahead of pending elections, Ubani said the stay granted by the Court of Appeal had removed any immediate danger to the electoral process.
“For now, that particular judgment does not stand. That is what it means if a stay of execution has been granted,” he said.
He expressed confidence that the appellate court would resolve the matter quickly to prevent any jeopardy to the political or electoral process.
Ubani also spoke on the need to rebuild public confidence in the judiciary, saying judges must be independent, courageous and committed to doing justice without regard to status, wealth, tribe or influence.
He said the judiciary must recruit men and women who are above board, God-fearing and committed to the survival of the country.
“Any judge that enters into that is performing a sacred duty. It is a godly duty. God has given you that responsibility as a judge,” he said.
“You are the only one that can pronounce life and death apart from the Almighty God. So, it is a very onerous duty that you must do with every sense of responsibility and patriotism,” he added.
On public interest litigation and locus standi, Ubani said the current legal position in Nigeria remains restrictive.
According to him, for a person or organisation to succeed in a public interest action, they must show personal injury or demonstrate how they have suffered over and above other citizens.
He said this principle may become a major issue in the appeal because the affected former legislators who brought the action would need to show the specific injury they suffered.
“What is their interest? What injury have they suffered?” he asked.
Ubani explained that while he personally supports a more liberal approach that allows public interest cases to be heard on their merit, the current position of Nigerian law still requires proof of personal injury.
He said the restrictive approach to locus standi has often prevented public interest litigation from succeeding in Nigeria, unlike in countries such as India and Kenya.
Returning to Justice Lifu’s role in the controversy, Ubani said he would not condemn or crucify the judge, insisting that the judge remained human and capable of making mistakes.
“I will not be here and crucify Justice Lifu. He is a human being. He can make a mistake,” he said.
He, however, repeated that if misconduct is established in relation to the decision, the appropriate authority would be expected to act.
“If there is any misconduct found in this decision, they will actually mete out punishment against him,” Ubani said.
The Court of Appeal has fixed June 25, 2026, to hear pending appeals arising from the deregistration judgment.
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