Recently, the Independent National Electoral Commission had de-registered seven out of the registered 63 political parties.

The seven parties were said to have failed to field candidates for various elective positions during the last general elections.

The affected parties are Democratic Alternatives, National Democratic Council, National Action Council,  Mass Movement of Nigeria, Nigeria People Congress, Nigeria Elements Progressive Party and the National Unity Party.

Announcing the decision, the chairman of the Commission, Prof. Attahiru Jega said although there was a case before, a federal high court on the de-registration of political parties, the affected parties were not parties to the case.

He said the Commission decided to invoke the provisions of section 78 (7) of the Electoral Act 2010, as amended, section 78 subsection 7 (1) and (ii) said that the commission shall have power to de-register political parties on the following grounds (i) Breach of any of the requirements for registration and (ii) for failure to win presidential or governorship election or a seat in the National or State Assembly election.

The Independent National Electoral Commission is insisting on the effective compliance with these provisions of the Electoral Act, but some political party leaders and politicians  had noted that deregistration of political parties is irrelevant for now.

Meanwhile, If INEC opts to act and exercise the statutory powers vested in the commission on the later part of the Electoral Act provision then 56 political parties beside, Peoples Democratic Party (PDP) Action Congress of Nigeria ((ACN) All Nigeria People Party (ANPP) Congress for Progressive Change (CPC) All Progressive Grand Alliance (APGA) Labour Party (LP) and Democratic Peoples Party (DPP) will be scrapped.

The INEC’s chairman, Prof Attahiru Jega addressing newsmen recently said INEC was ready to commence the process of de-registration of political parties that failed to win a seat in the April polls.

But Prince Favour Felix Reuben state chairman, Labour Party faulted INEC decision , but advised the commission to focus attention on the process of strengthening democratic tenets in Nigeria rather than deregistering political parties.

Prince Reuben said “INEC should rather strengthen the democratic institutions in order to restore the confidence of Nigerians, and the International community.

Also, a legal practitioner based in Port Harcourt, Theoplilus  Oru said INEC should allow the smaller political parties exist along side the major political parties.

Barr Oru said “INEC must improve on the requirements for the registration process by a political party and not to limit the political space by contemplating or intending to deregister some political parties”.

He further stressed that “even in the advance countries smaller political parties exist alongside the major national political parties”.

The legal practitioner added that “the political space must be opened up, broaden to enrich the nation’s political flavour , and participatory democracy by Nigerians”.

John Okarafor, a legal practitioner of Ezra Chambers based in Port Harcourt agreed that some of the existing political parities are only on paper without any evidence of visible offices in most states”

However, he reasoned that the deluge of orders served on the commission by various courts, should not compel Prof Attahiru Jega to pay the small parties in their own corn.

He further said, some political parties existed in name, while some of these so called political parties were formed as extension of family business to collect subvention from INEC without any business of being a political party.

Barr Okarafor supported INEC to deregister or scrap political parties that have failed to make any electoral impact during the April polls.

Looking at the recommendations of the Electoral Reform Committee (ERC) set up in 2007 under the distinguished chairmanship of retired Chief Justice of the Federation Hon Justice Muhammadu Uwais that Section 222 of the 1999 constitution should be amended to add two more conditions to be met by association seeking registration as political parties namely (i) the association must maintain functional and verifiable offices in at least two thirds of the states of the federation. Again, that political party which score below 25 per cent of vote at an election should be denied INEC grant.

Barr Okarafor said most of the political parties have failed to meet up this provision of scoring 25 per cent during election and having national offices in 2/3 of the 36 states and therefore should be deregistered immediately by INEC.

However, to stop INEC from executing the provision of the Electoral Act Section 78 (7) (ii) Hon Emmanuel Rukari, a leader of a registered political party, African Renaissance Party (ARP) had dragged the National Assembly before an Abuja Federal High Court seeking a declaration that the National Assembly went contrary to the provision of Section 40 of the Nation’s constitution by giving powers to INEC to deregister any political party that failed to win seats in either the National or State House of Assembly.

Section 40 of the 1999 constitution as amended states that “Every person shall be entitled to assemble freely and associate with other persons and in particular he may form or belong to any political, trade union or any other association for the protection of his interests.”

Provided that the provisions of this section shall not derogate from the powers conferred by this constitution on the Independent National Electoral Commission with respect to political parties to which that commission does not accord recognition”.

Furthermore, other plaintiffs in the originating summons of the legal action before the Federal High Court over the power of deregistration of political parties included International Society for  Social Justice and Humanity (ISSJH) while the defendants are the Senate, House of Representatives and INEC.

Dr Amuda-Kannike, a Port Harcourt based legal practitioner is the plaintiff’s lawyer. He said: we are asking the Federal High Court to determine whether section 78 (7) (11) of part V of the Electoral Act 2010 as amended should not be declared null and void because it runs contrary to section 40 of the 1999 constitution as amended.

Dr Amuda-Kannike further said: it is the said section  40 of the constitution that provided room for formalities of most political association in Nigeria giving rise to formation of political parties, which include the first plaintiff political party African Renaissance Party (ARP).

Dr Kannike further argued that the introduction of Section 78 (7) (11) into the Electoral Act was a ploy by members of the National Assembly to allow only their parties to participate in the electoral process while others will be excluded.

Other legal practitioners reacting to INEC move to Prone the number of political parties said registration and existence of political parties is a constitutional matter, which an Act of the National Assembly cannot invalidate.

Barr Jas Awanen said: if political parties are to be deregistered then the constitution which provides for the registration of such political parties would have to be amended before the deregistration can be carried out by INEC.

Therefore, it stands to be reasoned that every provision not in conformity with the constitution cannot stand.

Political analyst argued that reducing the number of political parties to either two or three will not only enhance and strengthen the survival of Nigeria’s democratic institutions but ensure meaningful participatory democracy in the country.

Let the court decides before INEC comply with the provision of the Electoral Act 2010 as amended.

This step many political observers argued would remove the suspicion that there is no under hand dealings in the temple of justice that warned against violation of the rule of law.

Philip – Wuwu Okparaji