Fifty-two political parties in the country have dragged the Independent National Electoral Commission, INEC, before a Federal High Court in Abuja.
The parties and Inter-Party Advisory Council, IPAC, a name in which all the plaintiffs were jointly registered, are asking the court to determine, among other things:
“Whether INEC can de-register a party which has fulfilled and satisfied all requirements of registration simply because it fails to win a seat in the presidential, governorship, national or state House of Assembly without considering other elections like the local government chairmanship and councilors elections;
“Whether it will not amount to abuse of fundamental Human Right of the citizenry as enshrined in our constitution for INEC to proscribe a political party by way of deregistration on the ground that the party does not meet the requirements of Section 78(7) (ii) of Electoral Act 2011 as amended.”
Also joined as defendants in the suit was the Attorney-General of the Federation and the National Assembly.
In an originating summons filed through their counsel, Mr. Kan Osieke, the political parties sought “a declaration that Section 78 (7) (ii) of the Electoral Act 2011, as amended, is unconstitutional and in effect null and void;
“A declaration that Section 78 (7) (ii) of the Electoral Act 2011, as amended, is a calculated attempt to suffocate life from young enterprising and growing political parties and an attempt to stop them from participation in Nigerian politic;
“A declaration that the said Section (7) (ii) of the Electoral Act 2011, as amended, be expunged as same offends Section 40 of the 2011 constitution of the Federal Republic of Nigeria, as amended, which is a light to other laws, acts, rules and regulations;
“A declaration that the plaintiffs have the right to belong to any political party of their choice, work hard for them to grow, after being duly registered according to law.”
In a 14-paragraphed affidavit that was deposed in support of the suit by the National Chairman of the African Liberation Party, ALP, Chief Emmanuel Osita Okereke, he averred that the parties had, ab initio, satisfied all the requisite conditions stipulated in the constitution and was accordingly registered by INEC at various dates.
Meanwhile, presiding judge, Justice Donatus Okorowo, has fixed October 25 to commence hearing on the suit.
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