INEC and court verdict on political parties’ deregistration

[Mirror]

The power of the Independent National Electoral Commission (INEC) to de-register political parties was recently challenged by an Abuja Federal High Court, which nullified the de-registration of the Fresh Democratic Party (FDP) based on the prescriptions of Section 78 (7) (11) of the Electoral Act 2011. The said part of the Act empowers INEC to de-register any political party that fails to win either a National Assembly or State House of Assembly seat. The presiding judge, Justice Gabriel Kolawole, held that the powers conferred on INEC by the Electoral Act was inconsistent with the provisions of Sections 14, 15 (2) and (3) as well as 17 of the country's 1999 Constitution (as amended). Conceding, however, that the NASS which enacted the Electoral Act had powers to make laws for the good governance of the country, Justice Kolawole, nonetheless, maintained that any law made by the legislature that is in conflict with the provision of the 1999 Constitution was null and void and of no effect. It was mainly on this premise that the judge voided the decision of the INEC. The latter had, before the ruling, deleted about 28 political parties from the list of political parties it accorded recognition.

Chairman of INEC, Prof. Attahiru Jega said, however, that the electoral umpire had appealed against the ruling. "The order of the Federal High Court makes it four of such judgements on the de-registration of political parties. Three of such judgements are in favour of INEC to deregister political parties, only the fourth judgement restrained us. So, it is three out of four, but nonetheless, INEC has appealed against the judgement", Jega stated. It may be recalled that late last year, INEC de-registered 28 political parties, including the FDP founded by Reverend Chris Okotie. Irked by the turn of events, Okotie and his axed party approached the court for redress. The applicants contended that the de-registration was illegal and at variance with both the spirit and letters of the 1999 Constitution.

While deciding on the matter, Kolawole held that INEC acted unconstitutionally by deregistering the FDP, especially when the party was not given the opportunity for fair hearing, in line with provisions of Section 36 of the 1999 Constitution. The judge further averred that the power to de-register political parties as granted to INEC in Section 78 (7) (ii) of the Electoral Act assumed a quasi-judicial nature, having affected party de-registration; and therefore, should not be exercised without giving the affected parties fair hearing. According to the judge, since INEC was registered under Section 153 of the 1999 Constitution, it was wrong for it to deregister parties without reference to Sections 221 to 229 of the same Constitution. INEC, the judge held, stood condemned, having failed to provide any evidence to show that it complied with constitutional provisions on fair hearing before it proceeded to de-register the FDP.

Justice Kolawole viewed portions of the Electoral Act that grants INEC power to de-register parties as a 'legislative mischief that must be addressed'; stressing that the country's electoral system had not matured enough to guarantee free and fair elections; and that the situation demanded the efforts of everyone to ensure an environment that could lead to the achievement of same (free and fair polls). The judgement has been hailed by many, especially the parties affected by the de-registration exercise. There are about 68 political parties in the country, out of which 28 were victims. While a section of Nigerians commended the de-registration, others saw it as a violation of the provision of the 1999 Constitution.

However, with the latest verdict that annulled the de-registration of the FDP, it is not unlikely that the political parties earlier deregistered would return to the court to seek the voiding of their existence. But Jega's revelation that out of four past judgements on party de-registration, three favoured INEC, is an indication that the judiciary is yet to finally resolve the matter. INEC's appeal against the latest judgement may therefore be necessary in the search for undisputable judicial position on the controversy. Our position, nevertheless, is that INEC should allow smaller parties to coexist with the big ones, considering the varying interests they represent. The electorate should be given a free hand to decide their existence or otherwise. But the electoral body can take lawful steps to stop granting subventions to lame-duck and parasitic political parties that exist just for the sake of pocketing INEC subventions as permitted by the Constitution. That way, such parties would be compelled to be more serious-minded, better organised and re-engineer their capacities to raise funds through membership, if they truly desire to remain relevant.

National Mirror

[Folami David]

INEC is really doing well right now I must say because they've really improved on how they go about arranging elections in Nigeria.