Politics
De-registration of parties: Court overrules INEC
The power granted Independent National Electoral Commission (INEC) in the Electoral Act 2010 to deregister political parties suffered defeat as the Federal High Court in Abuja on Thursday annulled the de registration of three political parties by INEC thereby setting the stage for legal fireworks.
The parties are Peoples Progressive Party (PPP), Peoples Redemption Party (PRP) and Better Nigeria Progressive Party (BNPP).
The judgment was granted in a suit with No. FHC/ABJ/CS/806/14 dated October 29, 2014, jointly filed by the three deregistered political parties against INEC and the Attorney-General of the Federation, challenged the decision by INEC.
Justice Ademola Adeniyi held that the offending section of the law, Section 78(7)(ii) of the Electoral Act 2010 (as amended) is unconstitutional, invalid, null and void to the extent of its inconsistency and a violation of the provisions of Sections 1(3), 40 and Sections 221-229 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
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The court also held that INEC cannot deregister the political parties, except in accordance with the provision of the Constitution of Nigeria.
The Judge set aside the purported deregistration of the three political parties on the basis of Sections 78(7)(i and ii) which was done without affording the parties the opportunities of being heard, saying that INEC’s actions amounted to gross violation of Sections 36 and 40 and Sections 221 and 222 of the Constitution of the Federal Republic of Nigeria.
The court further issued an order directing and mandating INEC to restore the political parties and to continue to recognize and deal with them as political parties in Nigeria.
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