Infallibility vs. Misconduct: Monday Ubani Weighs in as Appeal Court Halts Deregistration of ADC, Accord Party Ahead of Elections
The legal framework governing Nigeria’s electoral process has been hit by a wave of swift judicial interventions, putting the regulatory autonomy of the nation's election umpire back in the spotlight.
With off-cycle contests and crucial bye-elections fast approaching, legal experts are warning against the growing trend of lower court judges overriding the administrative and discretionary evaluation powers explicitly granted to independent federal institutions.
Appearing on Arise News Daybreak, the Chairman of the Nigerian Bar Association (NBA) Electoral Committee, Dr. Monday Ubani, SAN, analyzed the Court of Appeal's unanimous decision to halt a Federal High Court verdict that ordered the immediate deregistration of the African Democratic Congress (ADC), Accord Party, and three other political associations.
A three-member appellate panel led by Justice Abba Muhammad set aside the judgment delivered by Justice Peter Lifu, rebuking the lower court for violating judicial precedence and continuing trial proceedings despite a pre-existing stay order.
The intervention comes as temporary relief for the affected parties, who had raised alarms that the initial ruling would completely jeopardize their participation in the bye-elections scheduled for Saturday, June 20, 2026.
Addressing public calls for punitive actions against Justice Lifu for the controversial ruling, Ubani maintained that Nigeria's legal architecture features an inbuilt self-corrective mechanism to address judicial errors without automatically criminalizing judges. He explained that blood and water run through the veins of lower court judges, making them prone to mistakes in interpreting complex legal provisions.
Ubani clarified that structural penalties only apply if an official investigation uncovers deliberate ethical violations:
"No judge in Nigeria will be punished for reaching a decision that somebody considers wrong because there is an appellate process... But where a judge reaches a decision and then investigation is carried out and a misconduct is established, that is where you will now be punished."
Ubani pointed out that while Section 225A of the Constitution grants the Independent National Electoral Commission (INEC) the authority to deregister non-performing political entities, the wording says INEC "shall have power"—implying a discretionary administrative evaluation rather than an automated judicial mandate.
He argued that the judiciary overreached by attempting to dictate terms to an independent body that had already evaluated the parties and filed a counter-affidavit defending their status.
The senior advocate also raised deep concerns over the highly restrictive application of locus standi (legal standing) in public interest lawsuits, referencing a recent 2025 Supreme Court decision (Ganaifi v. Okong).
He noted that the apex court has strictly returned to old precedents, requiring individuals or civil groups to prove direct "personal injury" before challenging the actions of public institutions.
Ubani warned that this strict standard acts as a massive barrier, turning away well-meaning public interest litigants at the courtroom gates and treating them as mere "busybodies," while countries like India and Kenya have modernized by liberalizing these rules.
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