Tuesday 30 July 2013
COURT NULLIFIES DEREGISTRATION OF PARTIES BY INEC
An Abuja Federal High Court on Monday voided the deregistration of 28 political parties by the Independent National Electoral Commission.
The court, presided over by Justice Gabriel Kolawole, also declared section 78 (7) (ii) of the Electoral Act 2010, as amended, which stipulates that political parties must win seats during state and National Assembly elections, as null and void.
INEC had while announcing the deregistration of the 28 parties on December 6, 2012 predicated its action on the section and the 1999 Constitution.
However, one of the deregistered parties, Fresh Democratic Party, and its presidential candidate in 2011, Rev. Chris Okotie, challenged the action at the Abuja FHC. They argued that it breached their fundamental rights as guaranteed by the 1999 Constitution.
INEC, the Attorney-General of the Federation, the National Assembly and the Inspector-General of Police were listed as defendants in the suit in which the plaintiffs asked the court to make a declaration that the electoral body lacked the power to deregister the FDP except in accordance with the provisions of the constitution.
Another relief sought by the plaintiffs in the suit filed by Fred Agbaje, was a declaration that section 78 (7) (ii) of the Electoral Act, 2010 as amended, was unconstitutional, invalid, null and void to the extent that it breached the provisions of section 40 as well as sections 221 to 229 of the constitution.
They also asked the court to declare that the purported reliance by INEC on section 78 (7) (ii) of the said Electoral Act in deregistering FDP violated the provisions of sections 36, 38 and 40, as well as sections 221 to 222 of the constitution.
In his judgment , Justice Kolawole noted that those who drafted the 1999 Constitution did not contemplate deregistration of political parties.
He also faulted the decision of the National Assembly to introduce the provisions in section 78 (7) (ii) of the Electoral Act as an instrument for the deregistration of political parties.
The judge described the provisions as legislative arbitrariness and mischief, noting that they could encourage a win-at-all-cost mentality by the political parties.
The judge held that while the National Assembly has the power to make laws, it has no power to “smuggle in” a provision that a political party which fails to win seats in state and National Assembly elections should be deregistered.
He also held that INEC should have given the FDP a hearing before going ahead to deregister it.
Kolawole said, “INEC would not have lost anything by issuing the 1st plaintiff (FDP) with a query to enhance the integrity of its decision. The statutory powers conferred on the 1st defendant (INEC) can be described as ministerial but when such power concerns deregistration of a political party, it becomes a quasi judicial power because after registration, a political party becomes a legal entity and acquires a legal right and you cannot take away such legal right without according the political party a hearing.”
Concluding, he said, “Section 78 (7) (ii) of the Electoral Act 2010, as amended, is hereby declared null and void, in so far as the 1st plaintiff (FDP) was not heard before the decision was taken. The said decision is null and void.
“The 1st defendant’s decision dated December 6, 2012 is declared invalid and is set aside.”
However, Kolawole refused to grant the plaintiffs’ prayer that the court should order the defendants to pay them N10m as compensatory damages.
Shortly after the court rose, INEC signified its intention to appeal the verdict, saying three earlier judgments validated the deregistration of the parties.
“INEC is appealing the judgment. Don’t forget that there have been three previous judgments affirming the correctness of our action.
“This fourth judgment is different and it will be appealed,” said Kayode Idowu, Chief Press Secretary to the INEC Chairman, Prof. Attahiru Jega.
One of the affected political parties, the Peoples Salvation Party, welcomed the court’s decision.
It said the judgment would make the electoral body to realise that it must operate within the confines of the law.
The party’s National Chairman, Dr. Junaid Mohammed, said, “We welcome the decision of the court because we believe it is in the interest of democracy.
“It will also serve notice on INEC that lacks credibility that it cannot be above the law. Having been created by law, INEC has to subject itself to the law 100 per cent.”
The political parties deregistered are the Peoples Redemption Party, the National Reformation Party, the National Advance Party, the Democratic Peoples Alliance, African Liberation Party, Action Party of Nigeria, African Political System, Better Nigeria Progressive Party, Congress for Democratic Change, Community Party of Nigeria, Freedom Party of Nigeria, Hope Democratic Party, Justice Party, Liberal Democratic Party of Nigeria, Movement for Democracy and Justice, and the Movement for the Restoration and Defence of Democracy.
Others are the New Democrats, National Majority Democratic Party, the National Movement of Progressive Party, the National Solidarity Democratic Party, the Progressive Action Congress, the Peoples Mandate Party, the Peoples Progressive Party, the Republican Party of Nigeria, the United National Party for Development and the United Nigeria Peoples Party.
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