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NCP Appeals Ruling On INEC’s Right To De-register Political Parties

The National Conscience Party (NCP) has filed an appeal against the judgment upholding the power of the Independent National Electoral Commission (INEC) to de-register political … Continue reading NCP Appeals Ruling On INEC’s Right To De-register Political Parties


The National Conscience Party (NCP) has filed an appeal against the judgment upholding the power of the Independent National Electoral Commission (INEC) to de-register political parties.

The party filed a one-ground notice of appeal at the Court of Appeal on Thursday in Lagos.

On Wednesday, Justice Okon Abang of the Federal High Court in Lagos, affirmed the constitutionality of section 78(7)(ii) of Electoral Act 2010 which empowers INEC to de-register any political party for failure to win presidential, governorship election, or a seat in the National Assembly or state Houses of Assembly.

Justice Abang, had in his judgment also said the provisions of the law were not in conflict with the provisions of the Constitution and the African Charter on Human and Peoples’ Right Enforcement and Ratification Act as contended by the plaintiffs.

However, counsel to the party, Mr. Marcus Eyarhono, in the one-ground notice of appeal, urged the appellate court to allow the appeal and set aside the whole judgment.

Mr. Eyarhono submitted that the trial judge erred in law for refusing to invalidate section 78(7)(ii) of Electoral Act 2010.

“The court erred in law when it held that the provisions of  Section 78(7)(ii) of Electoral Act 2010 is consistent with the provisions of section 40 of the 1999 Constitution of the Federal Republic of Nigeria, as amended and Article 10 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act,” Eyarhono said.

The lawyer added that by virtue of the provisions of section 1(1) and (3) of the constitution, the constitution was supreme and “any other law that is inconsistent with the provisions of the constitution is to the extent of its inconsistency null and void.”

Eyarhono insisted that section 78(7)(ii) of the Electoral Act contravenes the provisions of Section 40 of the constitution and Article 10 of the African Charter.

He pointed out that Section 40 of the Constitution which guarantees freedom of association and peaceful assembly is sacrosanct, inviolable and inalienable save as provided by constitution.