51 political parties sue INEC over de-registration threat

INEC Chairman Prof. Attahiru Jega

Fifty-one political parties have sued the Independent National Electoral Commission (INEC) over threat to de-register them.

They are: the Better Nigeria Progressive Party, African Liberation Party, United Democratic Party, Peoples Redemption Party, Citizens Popular Party, Republican Party of Nigeria, Change Advocacy Party, National Unity Party, Action Alliance, Peoples Democratic Congress and Social Democratic Mega Party, among others.

Joined as defendants are the Attorney General of the Federation and the National Assembly.

In the suit before Justice Gabriel Kolawole, the plaintiffs through their counsel, Mr. Kan  Osieke are seeking the following reliefs:

• A declaration that Section 78 (7) (ii) of the electoral Act 2011 as amended is unconstitutional and in effect null and void.

• A declaration that Section 78 (7) (ii) of the electoral Act 2011 as amended is a calculated attempt to sulfucate life from young enterprising and growing political parties from growing and an attempt to stop them from participating in Nigerian politics.

• A declaration that the said Section 78 (7) (ii) of the electoral Act 2011 as amended be expunged as same offends Section 40 of the 2011 constitution of the Federal Republic of Nigeria as amended which is a light to other laws, Acts, Rules and Regulations.

•A declaration that the plaintiffs have the right to belong to any political party of their choice, work hard for them to grow after being duely registered according to law.

The plaintiffs, which claimed that they belong to a body known as Inter Party Advisory Council (IPAC), want the court to determine “whether INEC can deregister a party which has fulfilled and satisfied all requirements of registration simply because it fails to win a seat in the Presidential, Governorship, National or State Assembly without considering other elections like the Local Government Chairmanship and Councillors Elections.

• Whether a party that wins Local Government elections can still be deregistered having not satisfied Section 78 (7) (ii) of the electoral Act 2011 as amended”.

In the notice of preliminary objection, the National Assembly (Second defendant/applicant) contended that the plaintiff/respondents lack the requisite locus standi to file the case.

It stated that the court lacks the jurisdiction to hear and determine the case.

It noted that there was no existing law known as Electoral Act, 2011 upon which the suit was premised. 

It urged the court to strike out or dismiss the suit for lacking in merit.

Hearing has been fixed for October 25.