Appeal Court Imposes ₦1 Million Fine On Lawyer For Frivolous Appeal
The Court of Appeal in Abuja has fined David Atita, counsel to the deregistered political party, Liberation Movement, ₦1 million for filing an appeal deemed frivolous and a waste of judicial time.
The party had sought to overturn a July 24, 2020, Federal High Court ruling that upheld the Independent National Electoral Commission’s (INEC) decision to deregister it. Liberation Movement was among several political parties delisted after failing to meet constitutional requirements in the 2019 general elections, as outlined in Section 225(a) of the Nigerian Constitution.
Delivering the unanimous judgment, Justice Okon Abang stated that the appeal was baseless, as the Supreme Court had already resolved similar issues in 2021 in the case of National Unity Party v. INEC.
“The appeal amounted to an academic exercise, argued despite the clear precedent set by the Supreme Court,” Justice Abang said. He noted that INEC’s counsel had previously advised Atita to withdraw the appeal, but the lawyer persisted, which the court described as stubbornness.
The Court further held that the appellant failed to provide evidence that it met the constitutional requirements for election victories as stipulated under Section 225(a). Justice Abang praised the trial court for its sound judgment, affirming that it had correctly interpreted the constitutional provision.
The appeal was dismissed, and Atita was ordered to personally pay the ₦1 million fine to INEC.
The initial suit filed by the Liberation Movement sought to challenge its deregistration, arguing that INEC lacked the authority to do so. However, Justice Anwuri Chikere of the Federal High Court, Abuja, dismissed the suit, affirming that the party had not fulfilled the minimum conditions for political participation under Section 225(a).
This ruling underscores the judiciary’s stance against frivolous litigation and reinforces adherence to established legal precedents.
