A Federal High Court sitting in Lagos has held that the Independent National Electoral Commission (INEC) has the power to de-register political parties in Nigeria.

Justice Okon Abang delivered the judgment on Wednesday, in a suit brought by the National Conscience Party (NCP) challenging INEC’s power to de-register political parties.

The NCP specifically challenged the provisions of Section 78(7)(ii) of the Electoral Act 2010 which empowers INEC ”to deregister political parties for failure to win presidential or governorship election or a seat in the National Assembly or State House of Assembly”.

In his judgment, Justice Abang held that the suit which was instituted on the 14th of September 2011 by one Mr. Tunde Agunbiade, a member of the NCP lacked merit, as it did not infringe on the constitutional rights of the plaintiffs to associate freely.

The development followed the decision of INEC to deregister 28 parties’ political parties last year.

The de-registered parties did not include the NCP as the same court had restrained INEC from de-registering NCP pending the hearing and final determination of the suit.

The court also lifted an earlier order it made restraining INEC from deregistering NCP pending the determination of the case.

Justice Abang awarded against NCP the cost of N15,000 each to be paid in favour of INEC and the National Assembly.