Court Dismisses Suit On Political Parties De-Registration

Justice Ijeoma Ojukwu of the Federal High Court in Awka has dismissed a suit challenging the de-registration of seven political parties by the Independent National Electoral Commission On 2011.

The suit, filed by an Onitsha-based human rights lawyer, Mr Jezie Ekejiuba, urged the court to set aside the decision taken by INEC on Aug. 18, 2011.

He argued that the 1999 Constitution did not give express powers to INEC to de-register any political party.

The affected political parties were Democratic Alternative (DA), National Action Council (NAC), National Democratic Liberty Party (NDLP), Masses Movement of Nigeria (MMN), Nigerian Peoples’ Congress (NPC), Nigerian Element Progressive Party (NEPP) and National Unity Party (NUP).

INEC Chief Legal Officer in Anambra, Mr Sulayman Ibrahim, in a counter affidavit, argued that the commission was empowered to de-register political parties by virtue of the provisions of the constitution.

He said that INEC could de-register any political party if such party breached the requirements of registration.

According to him, any party that failed to win presidential or governorship elections, or a seat in the national and state assemblies stood to be de-registered.

Ibrahim urged the court by way of a motion on notice to put aside proceedings in the matter for lack of jurisdiction.

He argued that the plaintiff did not have the locus standi to file the suit as he did not have vested interest in the political parties that were de-registered.

According to him, it is a trite law that when the issue of jurisdiction is raised, it can be entertained at any time during proceedings.

However, the plaintiff urged the court to proceed with the judgement, contending that the motion was an abuse of the court process.

In her judgment, Ojukwu held that the Electoral Act 2010 was valid.

She said the Electoral Act 2010 was not in any way contrary to the 1999 Constitution as well as the decision of INEC to de-register the seven political parties.

She said the law gave INEC powers to de-register political parties, insisting that “since the relief could not be granted, this suit is subsequently dismissed”.

In a reaction to the judgement, Ekejiuba said it was a ‘flaw’ and not supported by law, adding that the judgment was in conflict with the Supreme Court judgment in Musa versus INEC.

The lawyer said he would appeal the judgment.

On his part, Ibrahim expressed satisfaction with the judgment, noting that it had vindicated the commission’s decision to de-register the political parties as provided in the law.

“I feel elated in view of the fact that INEC will not do anything that is illegal and unconstitutional,” he said.