Appeal Court Rebuke Sparks Fresh Calls for NJC to Sanction Judges Over ‘Judicial Rascality’

Lawyers and civil society organisations have called for stricter disciplinary action against judges who disregard superior court orders following the Court of Appeal’s strong criticism of a Federal High Court judgment in the case involving the attempted deregistration of the African Democratic Congress (ADC) and four other political parties.

The appellate court overturned the judgment delivered by Justice Peter Lifu, ruling that the Federal High Court lacked jurisdiction and faulting the judge for proceeding despite a subsisting stay of proceedings. The court described the conduct as “judicial impertinence” and, relying on Supreme Court precedent, said it amounted to “judicial rascality.”

The decision restored the legal status of the affected political parties and reaffirmed the authority of superior courts within Nigeria’s judicial hierarchy.

Reacting to the ruling, human rights lawyer Idris Faro stressed that judges are constitutionally bound to obey orders issued by higher courts.

“Where the appellate court makes an order staying the proceedings of a High Court, the judge of the High Court is duty bound to stay proceedings in his court. Where he fails to do so, it amounts to judicial rascality.”

He also noted that judges may be disciplined by the National Judicial Council for misconduct, including disobeying superior court orders.

Lawyer Toluwa Odekhe echoed similar concerns, saying:

“Once an appellate court issues a stay of proceedings, a trial judge has no discretion to proceed regardless of his own view of the merits.”

He recommended automatic referral of such cases to the NJC and called for faster appellate procedures in politically sensitive matters.

Human rights advocate Patrick Onoja said the Appeal Court acted appropriately by nullifying the lower court’s decision.

“The Court of Appeal’s use of ‘judicial rascality’ is strong language, but it was not used in a vacuum.”

He argued that accountability must go beyond judicial criticism, urging the NJC to investigate any petitions arising from the matter.

Civil society groups also weighed in, with International Press Centre Executive Director Lanre Arogundade saying the judiciary must lead reforms from within to rebuild public trust.

Meanwhile, CISLAC Executive Director Auwal Rafsanjani said the judgment should encourage institutional reforms that reinforce constitutional principles, judicial independence and the rule of law while boosting confidence in Nigeria’s democratic institutions.

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