Lawyers, human rights activists and civil society stakeholders have urged the National Judicial Council (NJC) to take disciplinary action against judges who disregard orders of superior courts, warning that such conduct could undermine the rule of law and Nigeria’s democratic stability.
The call followed a recent controversy involving a Federal High Court judgment delivered by Justice Peter Lifu despite an earlier order of the Court of Appeal staying further proceedings in the case.
In Nigeria’s judicial hierarchy, decisions and orders of superior courts are binding on lower courts. Where a matter is pending before an appellate court and a stay of proceedings has been granted, the lower court is expected to halt proceedings pending the determination of the appeal.
The controversy arose after a three-member panel of the Court of Appeal, comprising Justices Mohammed A. Danjuma, Adebunkunola A. Banjoko and Oyejoju O. Oyewumi, ordered on May 22, 2026, that further proceedings in the case before Justice Lifu be stayed pending the determination of the appeal.
Despite the order, Justice Lifu subsequently delivered judgment in the matter and directed 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, subsequently condemned the lower court’s action, describing it as a serious breach of judicial hierarchy and the Constitution. The appellate court also granted a stay of execution of the judgment.
The development has triggered reactions from lawyers, activists and other stakeholders, who called for stronger measures to prevent similar incidents.
Okaba: Conduct threatens democratic stability
Professor Benjamin Okaba, a university don and immediate past President of the Ijaw National Congress, described the incident as troubling and said any disregard for superior court orders could damage public confidence in the judiciary.
Okaba said the judiciary’s authority depended largely on the integrity and discipline of judicial officers.
He, however, cautioned against speculating on the motive behind the judge’s action, noting that factors such as procedural lapses, external pressure or institutional weaknesses should be investigated before conclusions are reached.
He called for any allegation of judicial misconduct to be thoroughly investigated through the appropriate constitutional channels and for disciplinary measures to be imposed where wrongdoing is established.
He also advocated stronger judicial ethics, continuous legal education and safeguards against political or external interference.
Ambakederimo blames political interference
The Convener of the South South Reawakening Group, Elder Joseph Ambakederimo, described the situation as evidence of what he termed “judicial gymnastics.”
He argued that the judiciary, like other institutions in Nigeria, operates within a wider society affected by corruption and political influence.
Ambakederimo alleged that political interests sometimes seek to influence judicial appointments and use such influence to gain leverage over the justice system.
Nwielaghi warns of possible anarchy
Former Chairman of the Board of Trustees of the Hydrocarbon Pollution and Remediation Project, Dr Mike Nwielaghi, called on the NJC to intervene decisively.
He warned that failure to enforce discipline in the judiciary could jeopardise democracy and potentially plunge the country into anarchy.
Nwielaghi stressed that a lower court should not continue adjudicating on a matter that is already before a superior court where proceedings have been stayed.
He also called for stricter professional discipline involving the NJC, Nigerian Bar Association and other regulatory bodies.
Gbemre: Defiance threatens economy
Zik Gbemre, Coordinator of the Niger Delta Peace Coalition, said disregard for superior court orders could have consequences beyond the judiciary, including damage to Nigeria’s economy.
According to him, democracy requires predictable laws and respect for judicial authority.
Gbemre identified political pressure, forum shopping and inadequate consequences for erring judicial officers as factors that could encourage such behaviour.
He urged the NJC to impose appropriate sanctions where deliberate disobedience is established and called on the NBA to take action against lawyers found to have breached professional standards.
He also proposed a central electronic registry that would enable judges to identify related cases and conflicting orders before making judicial pronouncements.
David West: NJC must redeem judiciary’s image
Comrade David West, Chairman of the Civil Liberties Organisation in Bayelsa State, said the judiciary was founded on hierarchy and respect for superior courts.
He urged the NJC to investigate the matter and discipline the judge if misconduct is established.
West also called on the Chief Justice of Nigeria to ensure that allegations of judicial misconduct are properly investigated, saying sanctions would serve as a deterrent to other judicial officers.
Edikoayi: Flush out bad eggs
Human rights activist and Leader of the Talakawa Parliament, Marxist Kola Edikoayi, said the judiciary must remain the last hope of citizens seeking justice.
He questioned what recourse citizens would have if confidence in the judiciary was eroded by misconduct among judicial officers.
Edikoayi called for continued judicial advocacy to identify and sanction judicial officers who act outside the bounds of the law.
Olutope-Ahmed: Conduct weakens rule of law
A former Chairman of the Nigerian Bar Association, Owo Branch, Ondo State, Barrister Tajudeen Olutope-Ahmed, said lower courts were bound by the decisions and orders of superior courts.
He said a lower court acting contrary to an order of the Court of Appeal amounted to a violation of judicial hierarchy and the doctrine of precedent.
According to him, such conduct could weaken public confidence in the judiciary and encourage litigants to move from one court to another in search of favourable decisions.
Olutope-Ahmed urged the NJC to investigate cases where judges deliberately disregard clear orders of superior courts and impose appropriate sanctions where violations are established.
Adewale: Electoral credibility at risk
Activist Hon. Stephen Adewale said judicial independence did not give lower courts the authority to disregard lawful orders of superior courts.
He warned that such incidents could undermine confidence in the judiciary, particularly when they involve politically sensitive cases.
Adewale said disregard for appellate orders could fuel public suspicion that the judiciary was being used to influence political competition and weaken Nigeria’s electoral credibility.
He urged the NJC to investigate the matter and impose appropriate sanctions if deliberate disobedience was established.
He also advocated an electronic system for transmitting and confirming superior court orders to prevent similar incidents.
Aborisade calls for transparent investigation
Human rights lawyer, Barrister Femi Aborisade, described the development as a serious matter of judicial discipline and the rule of law.
Aborisade, however, cautioned against assuming that the judge deliberately disobeyed the appellate court without establishing the facts.
He said possible issues such as conflicting orders, procedural gaps, communication failures or lack of notice should be examined during an investigation.
But he stressed that if deliberate disobedience was established, it would raise serious questions about accountability and respect for constitutional authority.
He called for prompt and transparent disciplinary action where breaches are proven, alongside stronger mechanisms for enforcing compliance with superior court orders and continuous judicial education.
Ekujumi: Bench not place for rascality
Human rights activist Comrade Nelson Ekujumi said the NJC must act firmly whenever judicial misconduct is established.
He acknowledged that several factors could potentially explain how such a situation arose but insisted that disregard for a superior court’s order was unacceptable.
Ekujumi urged the NJC to put its house in order and send a clear message that the judiciary must operate within established legal and constitutional boundaries.
The stakeholders broadly agreed that the judiciary’s credibility depends on strict adherence to its established hierarchy and that allegations of deliberate disobedience of superior court orders must be investigated and, where proven, appropriately sanctioned.
