The court of appeal in Abuja has ordered the 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 the 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, 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 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 the 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 on 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).
Advertise on NigerianEye.com to reach thousands of our daily users
No comments
Post a Comment
Kindly drop a comment below.
(Comments are moderated. Clean comments will be approved immediately)
Advert Enquires - Reach out to us at NigerianEye@gmail.com