Notwithstanding that subsisting order, the Federal High Court judge proceeded order INEC to deregister five political parties The post Sanction judges defying superior courts —Lawyers, activists tell NJC appeared first on Vanguard News .
**By Dayo Johnson, **Regional Editor, South West
“Judicial rascality” is a harsh term which Nigerian appellate courts use when a lower court judge blatantly ignores a pending appeal or expressly defies an order from a higher court. In Nigeria, courts operate in a hierarchy. The Supreme Court is the highest court in the land which entertains appeals arising from Court of Appeal’s decisions while the Court of Appeal oversees lower courts like the Federal High Court and the State High Court. When someone appeals a lower court decision to a higher court, the lower court must therefore suspend further proceedings on the matter. If the higher court issues an order of stay of proceedings, the lower court judge must drop the case immediately.
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A lower court judge crosses the line into judicial rascality when he acts as if he is above the rules of court hierarchy and continues a trial despite knowing a stay order is in place or delivers a judgment on a matter that is already before the higher court on appeal. The Supreme Court has previously held that this defiance makes a judge unfit for the bench and that it amounts to judicial rascality. The higher court will usually declare the lower judge’s actions “useless” or nullify their judgment entirely. The appellate court may also report the judge to the National Judicial Council for disciplinary action.
On May 22, 2026, a three-member panel of the Court of Appeal comprising Justices Mohammed A. Danjuma, Adebunkunola A. Banjoko, and Oyejoju O. Oyewumi made an express order staying further proceedings in a suit before a Federal High Court presided by Justice Peter Lifu, pending the hearing and determination of the appeal.
Notwithstanding that subsisting order, the Federal High Court judge proceeded to deliver judgment in the matter and ordered the Independent National Electoral Commission (INEC) to deregister five political parties, including the African Democratic Congress (ADC). A separate three-member panel of the Court of Appeal led by Justice A. B. Mohammed condemned that conduct in the strongest terms describing it as the gravest form of judicial misconduct, a brazen violation of the hierarchy of the court and the 1999 Constitution, and the highest form of judicial impertinence. The appellate court then proceeded to grant a stay of execution of the judgment.
Lawyers, activists and other stakeholders expressed outrage at this judicial misconduct wondering what could have emboldened the lower court judge to defy the orders of a higher court. Describing it as a serious threat to our democracy, they argued that it could plunge the nation into a state of anarchy. They said it was time for the National Judicial Council to redeem the image of the judiciary.
A university don and immediate past President of Ijaw National Congress (INC) Prof Benjamin Okaba said: “The recent judicial incident in Nigeria, where a lower court reportedly acted against a superior court’s restraining order, is profoundly troubling. Given the judiciary’s sacred role as the guardian of justice and final arbiter of disputes, such actions violate constitutional fidelity and judicial ethics. The superior court’s strong condemnation of this conduct as “judicial rascality” underscores the acute threat to institutional discipline and accountability.
“While it is inappropriate to speculate on the specific motives of the judicial officer involved, potential contributing factors include a disregard for established procedures, external pressures, institutional frailties, or a sense of impunity. Regardless of the cause, no judicial officer should engage in conduct that jeopardizes public trust, as the administration of justice relies entirely on the perceived integrity of its actors.
“The implications of this incident are far-reaching, as the judiciary’s authority is fundamentally built on public confidence. If citizens perceive that court orders, particularly from superior courts, can be flouted with impunity, the rule of law deteriorates.
“This fosters institutional disorder, weakens constitutional governance, and ultimately poses a serious and direct threat to Nigeria’s democratic stability. To address this, any allegations of judicial misconduct must be thoroughly investigated through proper constitutional channels, with appropriate disciplinary measures applied where wrongdoing is established. Furthermore, proactive steps must be taken to strengthen judicial ethics, enhance continuing legal education, and robustly insulate the judiciary from all forms of political or external interference.
“Ultimately, Nigeria’s democracy hinges not just on the existence of its institutions, but on the credibility of those entrusted with their stewardship. Every arm of government, especially the judiciary, must firmly uphold constitutionalism and accountability. Adhering to these rigorous standards is the only way to sustain the Nigerian people’s confidence in the justice system and consolidate the nation’s democratic future.”
Convener of the South South Reawakening Group, Elder Joseph Ambakederimo, launched a scathing critique of Nigeria’s judiciary, describing the current state of affairs as “judicial gymnastics.” He argued that the root of the crisis runs deep, asserting that judicial officers are products of the same corrupted Nigerian society and thus cannot be expected to exhibit radically different character or behaviour from the politicians and lawyers who influence them.
Ambakederimo pointed to rampant political interference and a deliberate, calculated effort by individuals to place family members, including children and spouses married to female lawyers and judges, into judicial positions through the Judicial Service Commission, explicitly to use these appointments as bargaining chips for political leverage.
Former Chairman of the Board of Trustees (BoT) of the Hydrocarbon Pollution and Remediation Project (HYPREP), Dr. Mike Nwielaghi, on his part called on the National Judicial Commission (NJC) to rise to the occasion and save the country from possible anarchy. Nwielaghi argued that unless adequate disciplinary measures were taken, “this trend could jeopardize our democracy and plunge the country into a state of anarchy.”
According to him, “it is null and void for a High Court to adjudicate on a matter that is before a superior court. It must be overturned. Such action is a serious threat to our democracy. This is why the NJC must step in to arrest the situation to avoid subverting justice to the detriment of democracy. A High Court can only reverse itself if it lacks jurisdiction, if the judgment was obtained by fraud, if there was a lack of proper service, or if the facts of the case were not properly canvassed”.
Dr Nwielaghi, a former chairman of the Conference of Political Parties (CPP), emphasized the need to strengthen the judicial system in Nigeria by enforcing strict discipline among legal practitioners through the Nigerian Bar Association (NBA), the NJC, and other professional agencies that regulate the conduct and operations of legal practitioners.
Zik Gbemre, Coordinator of the Niger Delta Peace Coalition warned that defiance of higher courts’ orders by lower courts threatens Nigeria’s democracy and economy. Gbemre said democracy depends on “predictable” law and obedience to superior courts. “When a Federal High Court judge issues an order that directly contradicts a higher court’s directive, it creates a massive systemic crisis,” he said.
He blamed three factors for the trend: “high-stakes political pressure” and forum-shopping by politicians seeking “an accommodating judge”; judges hiding behind technicalities to “hijack” cases; and “a lack of real consequences” because offending judges rarely lose their jobs.
He warned of grave implications, noting, “Anarchy begins where the rule of law ends. If everyday citizens begin to view courts as political marketplaces all respect for the law evaporates”,adding that judicial instability scares investors who “need stability.”
To stop the slide, Gbemre urged the National Judicial Council (NJC) to dismiss judges guilty of defying superior courts, and the NBA to strip “errant lawyers” of their licences. He also called for a “centralized, national electronic registry” so judges can check for conflicting cases before granting orders. “Judicial rascality” must be treated “as a direct threat to national security,” he concluded.
For Comrade David West, CLO Chairman, Bayelsa State Branch, “It is a settled principle of law that once a matter is before the Court of Appeal, a lower court judge ought to have recused himself. What could have emboldened the judge, if not the influence of powers that be, or someone somewhere pulling strings behind the scenes? The judiciary is built on hierarchy and respect. Seniority is the order of the day, and equity follows that structure.
Whatever he did is illegal, and it remains illegal in the eyes of the law. Graciously, the Court of Appeal has now declared that his actions amount to illegality. It is left for the National Judicial Council, NJC, to redeem the image of the judiciary. The NJC must take serious notice of this judicial rascality and ensure that he is properly disciplined in accordance with the law. Furthermore, the Chief Justice of Nigeria, CJN, should, without delay, summon the judge for investigation and further sanction. This will serve as a deterrent to other judges”.
Human rights activists and Leader of the Talakawa Parliament, Marxist Kola Edikoayi said, “It beats my imagination that courts of coordinates or equal jurisdiction will give different rulings on the same subject matter. As ministers in the temple of justice they are supposed to dispense justice without fear or contradiction. Judiciary is supposed to be the last hope of the common man. When the executive is corrupt, you run to the judiciary to get justice.
When the legislative arm is corrupt, you run to the judiciary to get justice. But when the judiciary is corrupt, where will you run to? A judge cannot assume jurisdiction in a matter that is supposed to be on appeal. What we need to do is to continue to carry out judicial advocacy to be able to identify this kind of judge so that the bad ones can be shown the way out’.
A former Chairman of the Nigerian Bar Association (NBA), Owo Branch, Ondo State, Barrister Tajudeen Olutope-Ahmed, said “In our judicial system, lower courts are bound to obey the orders of higher courts. When a Federal High Court acts contrary to the directive of the Court of Appeal, it amounts to a clear violation of judicial hierarchy and the doctrine of precedent. It could also be a matter of external influence. Whether political or any other form of interference, such influence could pressure a court into making pronouncements despite a subsisting order of a higher court.
“It weakens the rule of law because the law is expected to flow from the higher courts to the lower courts. The pronouncements of superior courts are binding. Once that principle is ignored, members of the public begin to lose confidence in the judiciary. When parties begin to move from one court to another in search of favourable decisions, it undermines the principle that there must be an end to litigation and threatens the integrity of the justice system.
“This practice is highly unethical and must be discouraged. Where there is evidence that a judge deliberately acted contrary to a clear and unambiguous order of a higher court, the National Judicial Council should investigate and apply appropriate sanctions. The judiciary is expected to be independent, impartial and guided only by the law. Judges must strictly adhere to established legal principles because justice must be administered objectively and without external influence”.
An activist, Hon Stephen Adewale, said; “Judicial independence does not permit a lower court to disregard the lawful directive of a superior court. The implications are serious. The authority of the judiciary rests on obedience to court orders and respect for the hierarchy of courts.
When a judge flouts an appellate court order, public confidence is weakened, litigants are exposed to uncertainty, and citizens will begin to question why they should obey judicial decisions. In politically sensitive matters, such conduct is also damaging our country’s electoral credibility and deepening suspicion that the courts are being used to influence democratic competition.
The National Judicial Council should promptly investigate this matter, and once deliberate disobedience is established, appropriate sanctions should follow. There should also be a secure electronic system for transmitting and confirming superior court orders, while judicial officers and lawyers should be continually reminded that respect for appellate authority is essential to the rule of law and the survival of democracy.
Human rights activist, Barr. Femi Aborisade, also described the judge’s conduct as deeply troubling as “it goes to the very heart of judicial discipline and the rule of law.“
According to him, “If indeed a lower court proceeded in defiance of a higher court’s order, such conduct— whether arising from error, miscommunication, or willful disregard — cannot be taken lightly. The authority of the judiciary depends on strict adherence to hierarchical judicial orders. Once that discipline is weakened, the coherence of the entire justice system is put at risk. I would be slow to assume intent without a full understanding of the circumstances, including whether there were conflicting orders, procedural gaps, or issues of notice.
“However, if it is established that a judge deliberately flouted a superior court order, then it raises serious questions about institutional control, accountability, and respect for constitutional authority within the judiciary. The implications for the country are grave. Such conduct, if left unchecked, undermines public confidence in the courts, encourages legal uncertainty, and weakens the foundation of constitutional democracy. The rule of law depends not only on the existence of courts, but on their disciplined interaction within a clear hierarchy.
“Where that hierarchy is disregarded, the system risks descending into confusion and selective compliance with judicial authority. To prevent a recurrence, there must be prompt and transparent disciplinary action where breaches are proven. The National Judicial Council must act decisively to uphold standards, and mechanisms for enforcing compliance with superior court orders must be strengthened.
In addition, continuous judicial education on constitutional hierarchy and professional ethics is essential. Ultimately, the integrity of the judiciary is not preserved by words, but by consistent accountability. Without that, the credibility of the justice system, and by extension, constitutional governance itself, is seriously undermined”.
Comrade Nelson Ekujumi, a human rights activist, argued that, “a lot of factors could have emboldened the lower court judge to give judgment in contravention of the higher court’s decision and such conduct is condemnable and unacceptable. There are no two ways about it other than for the NJC to wield the big stick to demonstrate that the bench is not a place for rascality.
One fact we must all have at the back of our minds, is that we are human beings and to see or observe abnormalities or absurdities is part of human existence, but wherever it rears its ugly head, we must all stand firm in majority to condemn what is not right based on fact, figures and evidence and not on the basis of emotions and sentiment. The NJC must be called upon to put its house in order and read the riot act to judicial officers, that’s the way to go.”
*Olasunkanmi Akoni; Samuel Oyadongha; Egufe Yafugborhi; Rotimi Ojomoyela; Ozioruva Aliu; Ochuko Akuopha; Daniel Abia; Emem Idio & Adeola Badru contributed to this report.
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