A Federal High Court, Abuja on Monday ordered the Independent National Electoral Commission to immediately relist the Hope Democratic Party, which was deregistered in December 2012.
Justice Adeniyi Ademola declared in his judgment that INEC lacked the power to deregister political parties without giving them fair hearing.
He therefore declared as "null, void, unlawful, unconstitutional and of no effect" the de-registration HDP through a letter dated December 6, 2013 and a press release by INEC on December 8, 2012.
The judge, who warned INEC to immediately comply with the judgment, however, upheld the provisions of section 78(7) of the Electoral Act, 2010, which gave the commission the power to de-register political parties.
He granted the two other prayers of the plaintiff apart from the one asking the court to void the provisions of section 78 (7) of the Electoral Act.
The judge held, "The second defendant (INEC) has the power to deregister political parties with regards to section 78(7) of the constitution as it is not in breach of sections 1(3), 40, 222, 228 and 229, paragraph 1 of the third schedule of the 1999 constitution as amended.
"They can do that but they must give fair hearing to the party."
"This (failure to give fair hearing) was a grave error or omission by the second plaintiff," the court added.
The court held that the failure of INEC to give notice to the party, before announcing its de-registration through a letter dated December 6, 2012 (and delivered December 12), and a press release dated December 8, 2012, amounted to a breach of the party's right to fair hearing.
He said the party's right to fair hearing under section 36 of the constitution was breached by INEC.
He therefore made "an order setting aside the second defendant's purported press release of December 8, 2012 and letters dated December 6, 2012, suggesting and purporting the deregisteration of the plaintiff.
"A perpetual injunction restraining the defendants, their agents, servants and or privies howsoever from further acts, publication or pronouncements, obstructions, deregistering, delisting and or interfering with the operations and activities of the plaintiff as duly registered political parties in Nigeria as provided by the Constitution of Nigeria."
The National Assembly and the INEC were the first and second defendants in the suit.
Earlier in his judgment, Justice Ademola had struck out the name of the second plaintiff, the National Coalition for Democratic Change, which had sued for itself and other affected de-registered political parties.
Justice Ademola, on Monday held that the NCDC, having never been registered as a political party, lacked the locus standi to institute the suit.
"The second plaintiff is a mere association and nothing more. It is not a political party," the court held.
HDP had through its counsel, Mr. Ambrose Owuru, instituted the suit on December 18, 2012, following the de-registration of the party along with 27 others in December 2012.
Justice Ademola, citing section 287(3) of the Constitution, warned INEC to immediately comply with judgment.
While noting that INEC had yet to give effect to a similar judgment directing the immediate reversal of the de-registration of Fresh Democratic Party, over a year ago, he said the provisions of the law made it mandatory for court judgment to be given immediate enforcement.
The HDP was founded by the Head Pastor of Household of God, Pastor, Chris Okotie.
The said judgment delivered by another judge of the Federal High Court, Abuja, Justice Gabriel Kolawole, on July 29, 2013, had not been complied with by INEC.
"The orders must be obeyed. No selective obedience. The orders must be complied with immediately," said Justice Ademola, who on October 8, 2014 delivered the judgment which sacked the Acting Governor of Adamawa State, Ahmadu Fintiri, and stopped INEC from conducting a governorship bye-election in the state.
The judgment in the Adamawa case was immediately complied with by INEC.
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