The National Chairman of African Democratic Congress(ADC), Senator David Mark has stated that the judiciary is on trial
Senator Mark stated this while reacting to the Court of Appeal’s decision to reverse the deregistration of the African Democratic Congress and four other parties on Monday.
He declared that the Nigerian judiciary, rather than the opposition party, is the institution facing scrutiny over the controversy surrounding the deregistration of the ADC and four other political parties.
The ADC Chairman accused the judiciary of actions capable of undermining public confidence in the nation’s democratic process, while questioning the conduct of Justice Peter Lifu in matters relating to the party.
According to Mark, the outcome of the controversy will test the credibility of the judiciary and the ability of the National Judicial Council to address concerns arising from the case.
“The ADC is not on trial. Rather, it is the judiciary that is on trial and the nation is waiting to see how the National Judicial Council is going to handle this precarious situation,” he said.
Senator Mark expressed concern over what he described as unprecedented judicial actions, alleging that Justice Lifu ignored an order of the Court of Appeal directing a stay of proceedings in the matter.
He said it was difficult to comprehend how a judge could be involved in actions that appeared to contradict existing court directives.
Mark further alleged that the judge issued conflicting decisions regarding the status of the party within a short period.
“It is strange that a judge can order the Independent National Electoral Commission to pronounce a party dead and in less than 24 hours put the same party on trial,” he said.
The former Senate President also accused the ruling All Progressives Congress APC of attempting to weaken opposition forces through distractions, claiming that the governing party was struggling to defend its record in office.
He alleged that the President Bola Tinubu-led government is diverting attention from its challenges by targeting opposition platforms.
In the same vein,stake holders and political parties affected by the Federal High Court’s controversial deregistration order have welcomed the Court of Appeal’s decision to stay the execution of the judgment and called for sanction against Justice Peter Lifu over his decision to deliver judgment in a case that was already before the Court of Appeal.
The civil society organisation, Tap Initiative for FOR Citizens’ Development, on Tuesday in a statement called on the leadership of the judiciary to immediately investigate Justice Lifu over the judgment.
In a statement signed by its Executive Director, Mbasekei Martin Obono, the group urged the NJC to, among other things, “Determine whether the decision was delivered in disregard of pending appellate proceedings and a subsisting order of stay; examine possible breaches of the judicial code of conduct; take appropriate disciplinary action if misconduct is established; and reaffirm the authority of appellate courts and the supremacy of due process within the judiciary”.
The group recalled that the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, had consistently emphasised the need for accountability, discipline and ethical conduct within the judiciary.
It disclosed that it had formally petitioned the CJN, in her capacity as Chairman of the NJC, seeking an investigation and possible disciplinary action against Justice Lifu.
According to the group, the petition presents an opportunity to reinforce the principles of accountability and demonstrate that judicial independence is not incompatible with responsibility.
“Tap Initiative expresses grave concern that at the time the said judgement was delivered, there were subsisting appellate proceedings before the Court of Appeal in respect of the same subject matter in Appeal No. CA/ABJ/CV/569/2026. Furthermore, the Court of Appeal had issued an Enrolment Order expressly granting a stay of proceedings in Suit No. FHC/ABJ/CS/2637/2025, being the very proceedings in which the Federal High Court subsequently proceeded to deliver judgment.
“This development 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. If established, this situation would constitute a serious affront to the doctrine of judicial hierarchy and the supervisory jurisdiction of the Court of Appeal within Nigeria’s constitutional order.
“Tap Initiative emphasizes that the integrity of Nigeria’s justice system depends fundamentally on strict adherence to judicial hierarchy, procedural discipline, and respect for appellate authority. Any deviation from these principles risks creating conflicting judicial outcomes, eroding legal certainty, and undermining public confidence in the courts”, he said.
The group stressed that the judiciary remains the last hope of the common citizen, arguing that its legitimacy is sustained not only by constitutional authority but also by unwavering public confidence in its fairness, discipline and respect for the rule of law.
It therefore called on the NJC to treat the matter with the urgency and seriousness it deserves in the interest of justice, democracy and national stability.
