×

Court Nullifies Deregistration Of Political Parties By INEC

A federal high court in Abuja presided by Justice Gabriel Kolawole has nullified the deregistration of political parties by the Independent National Electoral Commission (INEC). … Continue reading Court Nullifies Deregistration Of Political Parties By INEC


A federal high court in Abuja presided by Justice Gabriel Kolawole has nullified the deregistration of political parties by the Independent National Electoral Commission (INEC).

The court also declared Section 78 (7) (ii) of the Electoral Act 2010, as amended, which said parties must win seats in the state and national assembly election as null and void.

Justice Kolawole made the declaration in his judgment in a suit filed by Fresh Democratic Party (FDP) and its presidential candidate in the 2011 general elections, Reverend Christopher Okotie.

INEC in December 2012 deregistered 31 political parties, basing its action on the power conferred on it by the 1999 constitution (as amended) and the electoral act 2010 (as amended).

The plaintiffs, in the suit filed by their counsel Fred Agbaje, had asked for a declaration that Section 78 (7) (ii) of the Electoral Act, 2010 is unconstitutional, invalid, null and void to the extent that if offends the provisions of section 40 and sections 221-229 of the 1999 constitution.

The plaintiffs also asked the court to make a declaration that INEC cannot deregister the party except in accordance with the provisions of the 1999 constitution.

In his judgment, Justice Kolawole said, “the concept of deregistration of political parties is strange to the 1999 constitution.”

“The criteria by which the National Assembly delimited deregistration to failure to win seats in states and national assembly elections appears like nothing but legislative arbitrariness, since INEC has powers to conduct other elections.”

He further said “INEC would not have lost anything by issuing the 1st plaintiff (FDP) with a query to enhance the integrity of its decision.”

He added that “the statutory powers conferred on the INEC can be described as ministerial but when such power concerns deregistration of a political party it becomes a quasi-judicial power because after registration a political party becomes a legal entity and acquires a legal right; to take away such legal rights cannot be taken without according the political party a hearing.”

But Justice Kolawole did not grant the plaintiffs’ prayer that the court should order the defendants to pay them the sum of N10million as compensatory damages.

Justice Kolawole’s ruling is negating an earlier ruling by Justice Okon Abang of the Federal High Court Lagos, which in March 2013, held that INEC has the power to deregister political parties.