ADC Candidates Demand Peter Lifu CTC From Federal High Court Abuja

• African Democratic Congress candidates protested in Abuja, demanding the Certified True Copy of a judgment.
• Justice Peter Lifu's November 5 ruling nullified the party's leadership and its 2027 election nominations.
• The candidates' lawyers applied for the CTC immediately but reported it was still withheld five days later.
• They argue the delay violates their constitutional right to appeal, citing Section 294(1) of the Nigerian Constitution.
• Allegations surfaced that the ruling APC is actively pressing INEC to implement the judgment, which the APC denies.

A judgment delivered but whose Certified True Copy is withheld is, in essence, a judgment that cannot be challenged, thereby undermining the principle of justice.

A group of African Democratic Congress (ADC) candidates, alongside their supporters, staged a protest outside the Federal High Court in Abuja on Wednesday. Their demonstration, organized under the banner of the Forum of ADC Candidates, began around 9 a.m. and aimed to pressure the court into immediately releasing the Certified True Copy (CTC) of a critical judgment. This ruling, delivered by Justice Peter Lifu, had significant implications, including the nullification of their nominations for the upcoming 2027 general elections and the removal of the party's leadership.

The protesters carried placards with messages such as "Release the CTC of Peter Lifu's Judgment Without Further Delay" and chanted slogans like "Tinubu and Justice Lifu must go." Their primary demand was for the court to provide the necessary document, which they asserted was essential for them to legally challenge the judgment. The ADC candidates emphasized that without the CTC, their constitutional right to appeal was effectively being denied, stating in a formal petition that they "cannot appeal what we do not have."

The judgment at the heart of the controversy was issued by Justice Peter Lifu on November 5, stemming from a suit initiated by Nafiu Bala Gombe against the ADC and other parties. This ruling specifically invalidated the appointment of David Mark as the national chairman of the party. Consequently, all decisions made under Mark's leadership, including the crucial nominations of ADC candidates for the 2027 general elections, were also declared void.

Following the judgment, the ADC candidates' legal representatives promptly applied for the Federal High Court Abuja CTC on November 5 and paid the required fees. However, by November 10, five days after the ruling, the court registry had reportedly not released the document. The Forum of ADC Candidates formally addressed this delay in a petition dated November 10 to Chief Judge John Tsoho of the Federal High Court, stating that their lawyers had visited the registry daily without success or explanation. This delay in obtaining the Certified True Copy of the Justice Peter Lifu judgment nullification was described as a significant impediment to their legal recourse.

The protesting ADC candidates argue that the continued withholding of the judgment's Certified True Copy directly infringes upon their fundamental constitutional right to appeal. Their petition explicitly states, "We disagree with the judgement. We have a constitutional right to appeal it. But we cannot appeal what we do not have." This position is grounded in the Nigerian Constitution, with the group citing Section 294(1), which mandates that courts deliver their decisions in writing and make copies accessible to all involved parties.

Furthermore, the candidates referenced Sections 241 and 242 of the Constitution, which establish the framework for appeals against decisions rendered by the Federal High Court. They contend that a judgment delivered but whose CTC is withheld is, in essence, a judgment that cannot be challenged, thereby undermining the principle of justice. The delay, they assert, is a deliberate tactic to obstruct their ability to exercise their appellate rights, which are crucial for the integrity of the electoral process, particularly concerning Nigeria 2027 election nominations.

Yusuf Tijani, who previously served as the acting chairperson of the ADC in the Federal Capital Territory, voiced strong concerns during the protest. He not only reiterated the urgent need for the CTC to facilitate an appeal but also questioned the legitimacy of Justice Lifu's judgment itself, asserting that the Supreme Court had already affirmed David Mark's leadership of the party. Tijani urged the National Judicial Council (NJC) to intervene and compel Justice Peter Lifu to release the certified copy of his verdict, emphasizing that Nigeria operates under a rule of law, not a "jungle."

The petition from the Forum of ADC Candidates also included serious allegations of external pressure. It claimed to possess credible information that the ruling All Progressives Congress (APC) was actively pressing the Independent National Electoral Commission (INEC) to implement the judgment immediately, despite the fact that the Certified True Copy had not been released to the affected parties. The APC, however, has consistently denied any involvement or interference in the affairs of opposition political parties or the judiciary.

Lawyers should note the critical procedural implications of delayed Certified True Copy (CTC) release, as highlighted by the ADC candidates' protest. Such delays can significantly impede a party's constitutional right to appeal and require immediate strategic action to preserve appellate rights, potentially including formal complaints or court applications to compel release.

Source: Reporting based on recent court-side developments.