A federal High Court sitting in Abuja has ruled that the constitution empowers the Independent National Electoral Commission (INEC) to deregister political parties who fall short of constitutional provisions for registration. Delivering judgement in a suit filed the National Unity Party, one of the 74 political parties recently deregistered by INEC, Justice Taiwo Taiwo of
A federal High Court sitting in Abuja has ruled that the constitution empowers the Independent National Electoral Commission (INEC) to deregister political parties who fall short of constitutional provisions for registration.
Delivering judgement in a suit filed the National Unity Party, one of the 74 political parties recently deregistered by INEC, Justice Taiwo Taiwo of the Abuja division of the court held that the constitutional power of the electoral commission and the reasons given by the Commission for the deregisteration of parties are valid, in conformity with the law, sacrosanct and could not be affected by the fact of anticipated Local government elections by some states which dates were not fixed, certain or even ascertainable.
“From the foregoing, I cannot but come to the conclusion that the plaintiff has failed to prove its case and the issues for determination cannot be determined in its favour. The reliefs being sought cannot in anyway be granted in the light of the constitutional provisions under which the suit was brought.
“Arising from the above, this court finds that the de-registration of the plaintiff as a political party was lawfully done in exercise of the vested constitutional powers of the defendant in accordance with the provisions of section 225A of the 1999 constitution (the alterations No.9) Act of 2017, and this has terminated the legal existence of the plaintiff as a political party and consequently any other rights and obligations pertaining thereto,” Justice Taiwo ruled.
The Court held that the Party failed to show that the exercise of INEC’s powers to deregister the Party was at variance with the law and also ultra vires its powers.
The Court in its watershed Judgment disagreed with the argument of the NUP which is also being canvassed by the 74 deregistered parties that until all local government elections in the country are held they cannot be deregistered. Local government elections in the 774 local government areas are not the responsibility of INEC. INEC conducts election into only the FCT Local elections.
By this judgment, only 18 political parties as listed recently by INEC will be participating in the Edo and Ondo State Governorship elections scheduled to hold on September 19, 2020 and October 10, 2020 respectively.
This judgement will make the assignment of monitoring political parties’ primaries as well as printing of ballot papers less burdensome.
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