The Court of Appeal on Monday, said the deregistration of 22 political parties by the Independent National Electoral Commission (INEC) failed to meet the necessary constitutional requirements.
The court set aside the June 11, 2020 judgment of Justice Anwuli Chiekere of the Federal High Court, Abuja and ordered that the 22 political parties should henceforth be listed as political parties in the country.
Justice Dongban-Mensem, the President of the Court of Appeal, who led the panels of judges that delivered the judgment while delivering the unanimous judgment, said INEC’s action was not in compliance with the provisions of Section 225(a) of the Constitution because it (INEC) did not indicate reasons for its decision to de-register the appellants.
The court noted that Section 40 of the Constitution entitles citizens to the freedom of association, and as such, the right conferred on a political party cannot be taken away except in accordance with the provisions of the law and due process.
It noted that the appellants were not challenging the legitimacy of the law/constitutional provision under which INEC claimed to have acted, but the process of their deregistration.
The appellate court noted that not only were the affected political parties already in court before INEC exercised its constitutional powers to de-register a party, the electoral umpire failed to inform the parties why they could no longer exist.
The 22 parties are: New Generation Party of Nigeria (NGPA), Nigeria For Democracy (NFD), Peoples Coalition Party (PCP), Progressive Peoples Alliance (PPA), People for Democratic Change (PDC), Young Democratic Party (YDP), Re-Build Nigeria Party (RBNP), Save Nigeria Congress (SNC), Socialist Party of Nigeria (SPN), United Democratic Party (UDP), United Patriots (UP) and We The People of Nigeria (WTPN).
While Advanced Congress of Democrats (ACD), Advanced Nigeria Democratic Party (ANDP), All Blending Party (ABP), All Grand Alliance Party (AGAP), Alliance of Social Democrats (ASD), Change Advocacy Party (CAP), Democratic People’s Congress (DPC), Green Party of Nigeria (GPN), Masses Movement of Nigeria (MMN) and Mega Party of Nigeria (MPN) were also included.
The parties had sued last year on warning of plan by INEC to exercise its power to de-register parties, as contained in the 4th Alteration Act, which President Muhammadu Buhari assented to in 2018.
They had sought the interpretation of the novel provision in Section 225(a) in the amended Constitution. But, before the suit marked: FHC/ABJ/CS/444/2019 could be decided; INEC announced the de registration of the parties in February.
