NCP loses bid to quash de-registration by INEC

[TGD]

 THE National Conscience Party (NCP) Wednesday lost the bid to halt its deregistration by the Independent National Electoral Commission (INEC) at the Federal High Court, Lagos.

The court dismissed the suit against INEC, challenging the commission's power to deregister political parties in Nigeria.

NCP had filed the suit in September 14, 2011, challenging the provisions of Section 78(7)(ii) of the Electoral Act 2010, which empowers INEC to de-register political parties for failure to win presidential or governorship election or a seat in the National Assembly or state House of Assembly.

The plaintiff had also challenged the powers of the National Assembly (first defendant) to enact the said provisions of the Electoral Act.

But Justice Okon Abang, in his judgment, held that the said provisions of Section 78 (7) (ii) of the Electoral Act could not also be said to be ultra vires to the power of the National Assembly since the lawmakers reserve the right to enact laws for the good governance of the people.

"The National Assembly has the powers to enact laws, which include laws for the regulation of political parties in the country. In my view, there is nothing unconstitutional with the provisions of Section 78 (7) (ii) of the Electoral Act.

"If the law requires political parties to win either presidential or governorship seat or a seat in the National or state House of Assembly, in order to be recognised by INEC as a political party in Nigeria, then so be it.

"I think the National Assembly, by enacting the provisions of Section 78, is in a hurry to touch the lives of the Nigerian people, and they deserve to be commended.

"If this were not so, many groups or associations will be registered as political parties, such that it becomes difficult for INEC to conduct elections in Nigeria.

"It is my humble but firm view that NCP should do more than being a platform for a group of people with like minds and similar ideologies; they should do extra work," the judge said.

According to him, it is not sufficient that the plaintiff's party is pained by poverty, under-development or corruption in the country, its members should take the bulls by the horn and ensure they win a seat in any of the positions provided by law.

Justice Abang ruled: "It is only when candidates of political parties win any of these seats that they will be in a position to influence decisions that will effectively touch members of the public.

"Meetings of like minds, in their own ideology without winning any of these seats as stipulated by law, will not in any way advance the course of our democracy. It is my view that the powers of INEC are very constitutional contrary to the contention of the plaintiff and remain unchallenged.

"I, therefore, hold that the suit as filed by the plaintiff lacks merit, and the sole issue raised, is hereby resolved in favour of the defendants. The interlocutory order made on September 13, 2012, is hereby vacated and the suit is accordingly dismissed with a cost of N15,000 to be paid by the plaintiff to the defendants. I so hold."



The Guardian