32 political parties lose battle to reverse deregistration in Nigeria

A Federal High Court, sitting in Abuja, the Federal Capital Territory (FCT) on Thursday, dismissed the applications filed by the 32 deregistered political parties against the Independent National Electoral Commission (INEC)

Penpushing reports that, the electoral body had, on February 6, deregistered 74 political parties, leaving 18 others, but in a motion on notice with suit number: FHC//ABJ/ CS/444/19 between Advanced Congress of Democrats (ACD) and 32 others Vs. Attorney General of the Federation (AGF) and INEC (1st and 2nd respondents respectively) the applicants approached the court for restraining order.

The 31 political parties, in the suit filed by their counsel, Kehinde Edun, on October 30, 2019 and served on the electoral umpire on Oct. 31, 2019, after getting the hint about commission’s plan to deregister them, had prayed the court for “an order of interlocutory injunction restraining the 2nd defendant from deregistering the plaintiffs, or any political party for that matter, pending the determination of this suit.

“And for such further order(s) as this Honourable Court may deem fit to make in the circumstances”, and they equally sought for the order on the grounds that “the plaintiffs as registered political parties have been carrying out their constitutional/statutory duties and functions without any funding from the government.

“The plaintiffs have been canvassing for votes and nominating candidates for elections into electoral constituencies in Nigeria”, while the Alliance for New Nigeria(ANN) on June 3,  had prayed the court to be joined in the suit, making the total number of the deregistered parties to be 32.

Penpushing also reports that, the commission on its part, through its lawyer, Alhassan Umar, (SAN), argued that it exercised the power in accordance with Section 225(a), (b) and (c) of the Nigerian Constitution.

The lawyer argued further that the parties failed to meet the guidelines as stipulated by the constitution as they had failed to win a seat in all the elections conducted in the country whether presidential, governorship, chairmanship or counsellorship poll, while the commission averred that Section 225(a) clearly spelt out the grounds for deregistration of political parties in the country.

Penpushing reports that, Justice Anwuli Chikere while delivering the judgment  said it was clear from paragraph 36 of the plaintiffs’ application that they have participated in various elections in the country but could neither show any evidence of winning an election nor attached certificates of returns from commission to show the seat they won.

The judge said the plaintiffs failed to present sufficient material facts for the court to rule in their favour, adding, “this court cannot manufacture evidence to advance the course of the plaintiffs. The law is that he who asserts must prove,” the judge held, quoting Section 131 of the Evidence Act.

Penpushing further reports that, Justice Chikere pointed out that, Section 132 of the Evidence Act states that the burden is on him who asserts, stressing that the plaintiffs were expected to succeed on the strength of their case and not on the weakness of the defence.

The judge noted that, section 225 (a), (b) and (c) of the amended 1999 Constitution stated that “INEC shall have power to deregister a political party for bridge of any of the requirements for registration; failure to win at least 25 per cent of the votes cast in one state of the nation in a presidential election, one local government of a state in a governorship election and failure to win at least one ward in a chairmanship election, one seat in national or state house of assembly election and one seat in councillorship election.”

Penpushing also reports that she said the section is very clear and unambiguous, explaining that the Supreme Court had previously decided on a related case, pointing out that “it is a settled law that lower courts are bound by the previous decisions of appellate courts in construction of statutory provisions.”

The judge, therefore, affirmed the power of the Independent National Electoral Commission (INEC) to deregister the 32 political parties for non-compliance with the provisions of the constitution.

Penpushing recalled that Justice Taiwo Taiwo of the Federal High Court, Abuja, had earlier ruled in favour of  the electoral body against the National Unity Party (NUP) and Hope Democratic Party (HDP).

The affected parties include: Advanced Congress of Democrats (ACD), Advanced Nigeria Democratic Party (ANDP), All Blending Party (ABP), All Grand Alliance Party (AGAP), Better Nigeria Progressive Party (BNPP), Democratic People’s Congress (DPC), Freedom and Justice Party (FJP) and Green Party of Nigeria (GPN).

Penpushing reports that others are Mega Party of Nigeria (MPN) and National Interest Party (NIP), Nigeria Democratic Congress Party (NDCP), People’s Party of Nigeria (PPN), People for Democratic Change (PDC), Peoples Coalition Party (PCP), Progressives Peoples Alliance (PPA) and Red-build Nigeria Party (RBNP).

The list also include; Restoration Party of Nigeria (RP), United Democratic Party (UDP), United Patriot (UP), We The People Nigeria (WTPN), Young Democratic Party (YDP), Save Nigeria Congress (SNC), Change Advocacy Party (CAP), Socialist Party of Nigeria (SPN) and All Grassroots Alliance (AGA).

Penpushing reports that, other affected include: Alliance of Social Democrats (ASD), Democratic Alternative (DA), New Generation Party of Nigeria (NGP), Mass Action Joint Alliance (MAJA), Nigeria for Democracy (NFD) and Masses Movement of Nigeria (MMN), also made the list.