A federal high court in Abuja presided by Justice Gabriel Kolawole has nullified the deregistration of political parties by the Independent National Electoral Commission (INEC).

The court also declared Section 78 (7) (ii) of the Electoral Act 2010, as amended, which said parties must win seats in the state and national assembly election as null and void.

Justice Kolawole made the declaration in his judgment in a suit filed by Fresh Democratic Party (FDP) and its presidential candidate in the 2011 general elections, Reverend Christopher Okotie.

INEC in December 2012 deregistered 31 political parties, basing its action on the power conferred on it by the 1999 constitution (as amended) and the electoral act 2010 (as amended).

The plaintiffs, in the suit filed by their counsel Fred Agbaje, had asked for a declaration that Section 78 (7) (ii) of the Electoral Act, 2010 is unconstitutional, invalid, null and void to the extent that if offends the provisions of section 40 and sections 221-229 of the 1999 constitution.

The plaintiffs also asked the court to make a declaration that INEC cannot deregister the party except in accordance with the provisions of the 1999 constitution.

In his judgment, Justice Kolawole said, “the concept of deregistration of political parties is strange to the 1999 constitution.”

“The criteria by which the National Assembly delimited deregistration to failure to win seats in states and national assembly elections appears like nothing but legislative arbitrariness, since INEC has powers to conduct other elections.”

He further said “INEC would not have lost anything by issuing the 1st plaintiff (FDP) with a query to enhance the integrity of its decision.”

He added that “the statutory powers conferred on the INEC can be described as ministerial but when such power concerns deregistration of a political party it becomes a quasi-judicial power because after registration a political party becomes a legal entity and acquires a legal right; to take away such legal rights cannot be taken without according the political party a hearing.”

But Justice Kolawole did not grant the plaintiffs’ prayer that the court should order the defendants to pay them the sum of N10million as compensatory damages.

Justice Kolawole’s ruling is negating an earlier ruling by Justice Okon Abang of the Federal High Court Lagos, which in March 2013, held that INEC has the power to deregister political parties.
http://www.channelstv.com/home/2013/07/29/court-nullifies-deregistration-of-political-parties-by-inec/

Up okotie!

This could lead to huge judicial chaos. A Federal High Court in Lagos had earlier ruled in favour of INEC, the FHC Abuja's ruling may not be enforceable. It's better that the de-registered parties seek redress at the Appeals Court.

Ideally, Nigeria should have just 4 or 5 major parties.

In other words, the old APC stands. The new one(s) better find another name!

Good Judgement

Someone elucidate pleaseee

they for no touch FRESH party...too many half-cast girls in the parry

That is good for democracy.

PointB: In other words, the old APC stands. The new one(s) better find another name!

That's ALL you could deduce from this story?

HNosegbe:

That's ALL you could deduce from this story?

Why dont you do your own deduction.

This is what causes wahala if we had jurors na 2 judges can't give different opinions. Whether we like it or not most judges in nigeria are biased before the case had been decided. If we had juries of like 12 peeps na, at least some would natuturally be biased towards the plaintidd and the defendants respctively. What the counsel has to do is to convince them beyond reasonable doubt.

what's the point of having all these political parties when PDP & APC will still dominate all political positions

CFCfan: Ideally, Nigeria should have just 4 or 5 major parties.

I disagree with your stance because it will allow vagabonds and recyclable tyrants to remain in power.The more parties Nigeria has the better because that will give the younger generation and fresh faces the opportunity to serve.I and a group of other Nigerians are planning on stating a new party based on the principles of meritocracy. We have no confidence in the existing parties hence we are taking this route.We want to start from the grassroots level and work our way up to the presidency through experience , out of box thinking ,efficient problem solving and competent leadership.

playmode:

I disagree with your stance because it will allow vagabonds and recyclable tyrants to remain in power.The more parties Nigeria has the better because that will give the younger generation and fresh faces the opportunity to serve.I and a group of other Nigerians are planning on stating a new party based on the principles of meritocracy. We have no confidence in the existing parties hence we are taking this route.We want to start from the grassroots level and work our way up to the presidency through experience , out of box thinking ,efficient problem solving and competent leadership.

sai fresH!..ish

PointB: In other words, the old APC stands. The new one(s) better find another name!

The Old APC were never registered.

Up Fresh Democractic Party;up Okotie! Now I can return back to my party. Goodbye PDP. If this judgement stands,I'd need to start finding a way to be useful to Nigeria under this party. If only the youths of this nation can identify with FDP.

give me the membership card, I want to contest for chairmanship position under this great party in Edo state.

chronique: Up Fresh Democractic Party;up Okotie! Now I can return back to my party. Goodbye PDP. If this judgement stands,I'd need to start finding a way to be useful to Nigeria under this party. If only the youths of this nation can identify with FDP.

FRESH.... u're my party