Appeal Court Fines Lawyer ₦1m for Filing Frivolous Appeal in Deregistered Party Case
Appeal Court Fines Lawyer ₦1m for Filing Frivolous Appeal in Deregistered Party Case
The Court of Appeal in Abuja has imposed a ₦1 million fine on David Atita, counsel to Liberation Movement, for filing what it described as a frivolous and time-wasting appeal. Liberation Movement is one of the political parties deregistered by the Independent National Electoral Commission (INEC) in 2020.
The party had appealed a July 24, 2020, ruling by the Federal High Court in Abuja, which dismissed its suit challenging INEC’s deregistration of the party alongside others following the 2019 general elections. Liberation Movement asked the Court of Appeal to determine whether INEC had the authority to deregister it and whether the trial court was right in dismissing its case.
INEC deregistered Liberation Movement for failing to meet the constitutional requirements for election victories outlined in Section 225(a) of the Nigerian Constitution.
Delivering judgment, Justice Okon Abang of the Court of Appeal described the appeal as a waste of judicial time, noting that the Supreme Court had resolved similar issues in 2021 in the National Unity Party vs. INEC case.
“The appeal was an academic exercise, and counsel was stubborn and unyielding, even after INEC’s counsel advised him to withdraw the appeal in light of the Supreme Court judgment,” Justice Abang said.
He further held that the appellant failed to prove it met the minimum constitutional requirements of election victories in 2019, as stipulated by Section 225(a). The Court of Appeal, Justice Abang emphasized, does not have the authority to reinterpret the clear and unambiguous provisions of the Nigerian Constitution.
Justice Abang also commended the trial court’s interpretation of Section 225(a) and affirmed its judgment, stating that Liberation Movement did not win any election to justify its continued registration as a political party.
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The appeal was dismissed, and the court ordered David Atita to personally pay ₦1 million in costs to INEC.
Earlier, Justice Anwuri Chikere of the Federal High Court in Abuja had dismissed Liberation Movement’s original suit, ruling that the party failed to meet the constitutional criteria for registration.
