A Federal High Court in Nigeria has dismissed a suit against the Independent National Electoral Commission (INEC), once again reiterating the election body’s power to deregister parties.
The suit, filed by the African Peoples Alliance (APA), challenged INEC’s decision to deregister the party, thereby putting a halt to its plans to participate in the polls. Delivering his judgment in favour of INEC, the presiding judge, Justice Taiwo, held that he was bound by an earlier decision made by the Court of Appeal which upheld the powers of INEC to deregister political parties.
According to reports, while APA was the plaintiff in the suit marked: FHC/EN/CS/21/2020, INEC, the Attorney-General of the Federation (AGF), Enugu State Independent Electoral Commission and Attorney-General of Enugu State were 1st to 4th defendants respectively.
Citing a case made by the Unity Party of Nigeria (UPN) against INEC, Justice Taiwo held that Section 225A of the Constitution of Nigeria which empowered INEC to deregister political parties never provided that INEC’s power could not be exercised when a political party had sponsored candidates to vie for an election. He said that there was no evidence placed before the court by the plaintiff to show that INEC was aware that its candidates were participating in the local government council election of Enugu State at the time APA was deregistered. He also stated that the Enugu State Independent Electoral Commission and Attorney General of Enugu State should not have been made parties to the suit as they never partook in the deregistration of the party.
The judge also held that the AGF was not a necessary party to the suit as “it is not in all cases that the Attorney General of the Federation is made a party to a case that borders on constitutional interpretation.”
Justice Taiwo held that the case of ACD vs INEC decided by the Court of Appeal which voided the de-registration of some political parties by INEC was filed before the deregistration of the parties was carried out by INEC unlike what was the case with APA that filed its case the following day after it was deregistered.
However, the counsel to APA, Barr. C. D. Ogbe revealed that the party would appeal the judgment. He said the National Chairman of the party, Mr Emmanuel Urhuahovie, had assured that the party would not relent in its effort until justice was done. He said though APA was bound by the decision of the court, his client had the constitutional right to appeal the Judgment. The matter was later transferred to the Abuja Division by the Justice Dugbo Oghoghorie of the Enugu Division of the court.
This story is part of our new series on Nigeria where we analyse electoral and political reform in the country ahead of the next general elections in 2023.
