The Independent National Electoral Commission (INEC) said yesterday that deregistered parties could not field candidates in next year’s elections, unless they sought re-registration.
The National Commissioner in charge of the Southwest, Prof. Lai Olurode, spoke in Lagos.
He said there was no law that said no legal provision precluded such parties from reapplying to be reregistered, provided they met the requirements.
The commissioner was reacting to claims by Fresh Democratic Party that INEC had disobeyed court order to recognise it.
“If a deregistered party has not gone to court or the power of INEC has not been destroyed as illegal by a court of law, that party cannot field a candidate next year.
“The only exception is if the party has gone back to seek re-registration, which is possible under the law.
“There is no law, which says you cannot apply as a de-registered party if you think you have complied with the requirements of registration.
“For a party to be recognised as enshrined in the constitution that party must be in compliance with the laws, rules and regulations.
“The laws, rules and regulations must be as laid down in the constitution and in the Electoral Acts,” Olurode said.
According to him, INEC is a law-abiding institution and a law-governed institution covered by the laws of the country.
He said the commission had the power to register, de-list and de-register a party.
The national commissioner noted that it could also sanction a party for being in violation of certain portions of the law, saying that was not to empty INEC of its power to de-register a party
Olurode said if the court ruled against the exercise of the powers given to INEC, the commission had no choice but to obey the ruling with regards to specific provisions of the law.
He, however, said for whatever reasons, the court could not rule that INEC ought not to have de-registered a party.
Olurode added that this was so especially if the party was able to show that the commission had not complied with certain provisions of the law.
In July last year, Justice Gabriel Kolawole of the Federal High Court, Abuja in a judgment, voided the decision of the commission.
The court ordered the electoral body to give due recognition to the party.
It also ruled that INEC had no power to de-register any party in the country without recourse to the 1999 Constitution as amended.
The court nullified a directive the electoral commission issued on December 6, 2012, wherein it de-registered 28 parties, including Fresh.
It also declared Section 78 (7) (ii) of the Electoral Act as unconstitutional and therefore invalid, saying it was offensive to the provisions of Section 40 and Sections 221-229 of the constitution.
Further, it said that Section 228 of the Constitution vested the National Assembly with the powers to enact the Electoral Act.
But it said despite this, the legislature had no power to direct INEC to de-register any party, which failed to win a seat in either the state or National Assembly elections. Click to signup for FREE news updates, latest information and hottest gists everyday
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