Court of appeal in Abuja has ordered Independent National Electoral Commission (INEC) to enlist 22 political parties which were deregistered.

In February, INEC had de-registered 74 parties for “failing to meet the criteria provided for by section 225(a) of 1999 constitution (as amended)”.

Some of the parties jointly filed a suit marked FHC/ABJ/CS/444/2019, asking the court to determine whether INEC has the constitutional power to deregister them.

However, on June 11, Mr Anwuli Chikere, Judge of a federal high court in Abuja, agreed with INEC and dismissed the suit on the grounds that they failed to prove their case.

Delivering judgment on Monday, a panel led by Ms Monica Dongban-Mensem, appeal court president, unanimously overturned the judgment of the lower court.

The court held that INEC ignored due process in exercising its powers under section 225(a) of the constitution (as amended).

The panel noted that the parties already filed their suit at the lower court which was yet to be determined before the deregistration.

Also, the appellate court held that INEC had failed to give reasons to the parties on why they could no longer exist.

The court held that section 40 of the constitution gives citizens the right to freedom of association, and as such, the right conferred on a political party cannot be taken away except in accordance with the provisions of the law and due process.

Dongban-Mensem said the appellants did not challenge INEC’s powers as enshrined in section 225(a) of the constitution but the process by which they were deregistered.

Consequently, the court ordered that the appellants should be listed as political parties in the country.

Respondents in the appeal were the attorney-general of the federation (AGF) and INEC.

The parties are Advanced Congress of Democrats (ACD), Advanced Nigeria Democratic Party (ANDP), All Blending Party (ABP), All Grand Alliance Party (AGAP), Alliance of Social Democrats (ASD), Change Advocacy Party (CAP), Democratic People’s Congress (DPC), Green Party of Nigeria (GPN), Masses Movement of Nigeria (MMN) and Mega Party of Nigeria (MPN).

Others are New Generation Party of Nigeria (NGPA), Nigeria For Democracy (NFD), Peoples Coalition Party (PCP), Progressive Peoples Alliance (PPA), People for Democratic Change (PDC), Young Democratic Party (YDP), Re-Build Nigeria Party (RBNP), Save Nigeria Congress (SNC), Socialist Party of Nigeria (SPN), United Democratic Party (UDP), United Patriots (UP) and We The People of Nigeria (WTPN).

Meanwhile, INEC says it will proceed to supreme court for a final judgement on whether it has the powers to deregister political parties.

It will seek the verdict of the apex court over a judgement of the court of appeal that voided its deregisteration of 22 political parties.

Though the court upheld the power of INEC to deregister parties in line with section 225 of the constitution, it held that INEC needed to prove that it complied with the procedure outlined.

About two weeks ago, the same court had in the case of National Unity Party upheld and validated the power of INEC to deregister the parties.

In a statement issued by  its spokesman, Mr Festus Okoye, the commission said it will seek the verdict of the supreme court on the two conflicting judgements.

“The Commission is faced with two conflicting judgements from the Court of Appeal; one affirming the powers of the Commission to deregister political parties and the other setting aside the deregistration of ACD & 22 others,” he said.

“Faced with two conflicting judgements from the same Court, the Commission is not in a position to pick and choose which one of them to obey.

“Consequently, the Commission will approach Supreme Court for a final resolution of the issues raised in the two conflicting judgements.”

INEC further said it is focused on preparations for the conduct of the Edo and Ondo governorship elections scheduled to hold on September 19 and October 10 respectively.

There are concerns the elections are being threatened as the 22 deregistered political parties were not included among those to participate in the polls.

 

The Cable