INEC hammer falls: •
By OBIDIKE JERRY

Sunday, May 15, 2011

By the time cases at election petitions tribunals are determined, the Independent National Electoral Commission (INEC) will invoke a section in the amended Electoral Act to deregister more than 50 political parties, Saturday Sun can authoritatively reveal. When this provision is invoked, only 10 political parties would survive.



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Part V, Section 7 of the Electoral Act 2011, as amended, stipulates: “The Commission (INEC) shall have powers to de-register political parties on the following grounds: (i) breach of any of the requirements for registration, and (ii) for failure to win a seat in the National Assembly or state Assembly election.”

A very reliable source in INEC confirmed to Saturday Sun that the Electoral Act is clear on this. But INEC will not take a definite action on the deregistering of the parties until the pending petitions at the tribunals are handled.

The caution is to enable the party know the parties that would not make the survival list and those that would be weeded off.

In the last elections, 63 political parties participated and were expected to win at least one seat in the National Assembly or state Houses of Assembly or risk deregistration. Results of the elections showed that only 10 parties fulfilled the requirement. They include Peoples Democratic Party (PDP), Congress for Progressive Change (CPC), Action Congress of Nigeria (ACN), All Nigeria Peoples Party (ANPP), Labour Party (LP), Progressive Peoples Alliance (PPA), Peoples Party of Nigeria (PPN), All Progressive Grand Alliance (APGA), Accord Party (AP), Democratic Peoples Party (DPP) and KOWA Party.

About 53 other parties did not meet the requirement and, therefore, maybe deregistered by the time cases at the election petitions tribunal are concluded in 180 day, as stipulated by the Electoral Act. The parties include Action Alliance (AA), Advanced Congress of Democrats (ACD), African Democratic Congress (ADC), African Liberation Party (ALP), African Political System (APS), African Renaissance Party (ARP), Alliance for Democracy (AD), Allied Congress Party of Nigeria (ACPN), Better Nigeria Progressive Party (BNPP), Change Advocacy Party (CAP), Citizens Popular Party (CPP), Community Party of Nigeria (CPN), Congress for Democratic Change (CDC), Democratic Alternative (DA), Democratic Front for Peoples Federation (DFPF) and Democratic Peoples Alliance (DPA).

Others are Democratic Peoples Party (DPP), Freedom Party of Nigeria (FPN), Fresh Democratic Party (FRESH), Hope Democratic Party (HDP), Justice Party (JP), Liberal Democratic Party of Nigeria (LDPN), Masses Movement of Nigeria (MMN), Mega Progressive Peoples Party (MPPP), Movement for Democracy and Justice (MDJ), Movement for the Restoration and Defence of Democracy (MRDD), National Action Council (NAC), National Conscience Party (NCP), National Democratic Liberty Party (NDLP), National Democratic Party (NDP), National Majority Democratic Party (NMDP), National Movement of Progressive Party (NMPP) and National Reformation Party (NRP).

Yet other parties that will be affected are National Solidarity Democratic Party (NSDP), National Transformation Party (NTP), National Unity Party (NUP), New Democrats (ND), New Nigeria Peoples Party (NNPP), Nigeria Advance Party (NAP), Nigeria Elements Progressive Party (NEPP), Nigeria Peoples Congress (NPC), People for Democratic Change (PDC), Peoples Mandate Party (PMP), Peoples Progressive Party (PPP), Peoples Redemption Party (PRP), Peoples Salvation Party (PSP), Progressive Action Congress (PAC), Republican Party of Nigeria (RPN), Social Democratic Mega Party (SDMP), United Democratic Party (UDP), United National Party for Development (UNPD) and United Nigeria Peoples Party (UNPP).

Investigation revealed that the realisation that INEC may wield the big stick has caused a division in the polity. While some sections ask INEC to bare its fangs and delist the erring political parties, others, especially the beneficiaries, urge INEC to cause no harm to the offending parties, in the interest of democracy. Those in the latter group have also threatened to drag INEC to court if it dares implement the law.

Barrister Sonnie Ekwowusi, who contested the 2011 election as the deputy governorship candidate of National Transformation Party in Lagos State, told Saturday Sun that his party will drag INEC to court if it goes ahead to implement the provision of the Electoral Act. He further said that democracy is not about winning elections but rather a forum for propagating developmental ideas.

His words: “The late Chief Gani Fawehinmi went to court over this issue and got a favourable judgment from the Supreme Court, which led to the opening of democratic space. We shall go to court again to test the validity of the new law. Democracy is not about winning elections. Democracy is about contributing ideas that nurture democratic culture. There are many political parties in US that have not won election and they still exist.”

He warned INEC not to play into the hands of PDP and ACN, which are agitating for two party-state. He said: “If INEC goes ahead to implement the law, it will lead to one or two party state, which does not augur well for our democracy. This is what PDP and ACN want, but we shall resist it.”

The NCP, which led the crusade for registration of more parties in 2002, has also declared the provisions of the Electoral Act on deregistration of political parties as illegal and threatened to go to court again. Speaking through its national chairman, Chief Femi Falana, the party argues: “The law is illegal. You cannot abort a child that has been born. Parties that are already in existence cannot be destroyed by the law because the interest of the members and their fundamental right to associate has accrued. You cannot wipe out such fundamental right.”

Other Nigerians disagree with some of the submissions of Ekwowusi and his group. They argue that the proliferation of political parties has given rise to an unintended evil of resort to primordial tendencies, as political parties are formed not on issues but religious and ethnic proclivities. According to Joe Igbokwe, Lagos State publicity secretary of ACN, INEC would be doing the polity well if it goes ahead to de-list these parties, as democracy will grow faster taking a cue from the era of NRC and SDP.

He said: “During the NRC and SDP period, both parties won almost equal number of governorship and legislative election. Such situation will create a ruling power but also an equally stronger opposition party.”

Igbokwe added: “All these me-and-my-wife parties should be allowed to go into oblivion, where they belong because they came into existence because INEC was giving them subventions. Now that INEC has stopped doing that, they have no business existing. The only thing they do is to endorse a candidate and PDP has been using them to win election by giving them money to cause division, while PDP run away with rigged victory.”

Other analysts are of the view that parties “without sustainable structures” should be allowed to die natural death, since INEC has stopped funding the parties.

On whether INEC will have the courage to implement the law, some analysts believe that the commission has no discretion in this matter, since it is the requirement of the law. However, they added that INEC’s power to deregister must be supported by an equal power to regulate registration of political parties, otherwise as you deregister, more parties will spring up based on the judgment of the Supreme Court in 2002.

At the dawn of civil democracy in 1999, the Electoral Commission registered only three political: PDP, All Peoples Party (APP) (which later became ANPP) and Alliance for Democracy AD. After the 1999 elections, politicians began agitations for the political space to be increased to accommodate more political parties. When INEC released the guidelines for the registration of parties on May17, 2002 these politicians were disappointed, as they claimed the guidelines were stifling. Some of the provisions of the guidelines demanded that a group seeking to be registered as a political party must have offices in at least 24 states of the federation. Also, the party must submit “the names, residential addresses, and states of origin respectively of the members of its national and state executive committees and the records of the proceedings of the meetings, where the officers were elected.”

Fawehimni and his unregistered party, NCP, headed to court to challenge some of the provisions of the 2002 Electoral Act that empowered INEC to issue such guidelines. The NCP was later joined by PRP led by Alhaji Balarabe Musa, M.D Yusuf’s MDJ, NPC and CP. The suit progressed from Federal High Court and eventually to the Supreme Court then headed by Justice Mohammadu Uwais. On November 8, 2002, Justice Uwais, in a lead judgment, held, among others, that the INEC power to issue the guidelines contravened the 1999 Constitution and thus pronounced the guidelines as invalid. This epochal judgment opened the democratic space, leading to 28 political parties contesting the 2003 elections.

Political analysts believe that as good as the judgment was, in terms of removal of restrictions on party registration, it gave room for mushrooming of parties for political showmanship and self-aggrandizement. The 2006 Electoral Act did not help matters, as it compelled INEC to give yearly subvention to registered political parties. The number of registered political parties moved from 28 to about 54, as parties were formed mainly on the pecuniary interest, with politicians interested only in the subvention doled out by INEC.

If INEC deregisters political parties, this would be the second time this is happening in the country. During the General Abdulsalami Abubakar government, parties were registered based on their ability to win local government elections, which were first conducted. The political associations that did not win any local government seat were not registered to contest the general elections of 1999. In the exercise, only PDP and APP met the provisions, but the government added AD, to appease the South West.

Likely victim parties

10. Better Nigeria Progressive Party (BNPP)

11. Change Advocacy Party (CAP)

12. Citizens Popular Party (CPP)

13. Community Party of Nigeria (CPN)

14. Congress for Democratic Change (CDC)

15. Democratic Alternative (DA)

16. Democratic Front for Peoples Federation (DFPF)

17. Democratic Peoples Alliance (DPA)

18. Freedom Party of Nigeria (FPN)

19. Fresh Democratic Party (FRESH)

20. Hope Democratic Party (HDP)

21. Justice Party (JP)

22. Liberal Democratic Party of Nigeria (LDPN)

23. Masses Movement of Nigeria (MMN)

24. Mega Progressive Peoples Party (MPPP)

25. Movement for Democracy and Justice (MDJ)

26. Movement for the Restoration and Defence of Democracy (MRDD)

27. National Action Council (NAC)

28. National Conscience Party (NCP)

29. National Democratic Liberty Party (NDLP)

30. National Democratic Party (NDP)

31. National Majority Democratic Party (NMDP)

32. National Movement of Progressive Party (NMPP)

33. National Reformation Party (NRP)

34. National Solidarity Democratic Party (NSDP)

35. National Transformation Party (NTP)

36. National Unity Party (NUP)

37. New Democrats (ND)

38. New Nigeria Peoples Party (NNPP)

39. Nigeria Advance Party (NAP)

40. Nigeria Elements Progressive Party (NEPP)

41. Nigeria Peoples Congress (NPC)

42. People for Democratic Change (PDC)

43. Peoples Mandate Party (PMP)

44. Peoples Progressive Party (PPP)

45. Peoples Redemption Party (PRP)

46. Peoples Salvation Party (PSP)

47. Progressive Action Congress (PAC)

48. Republican Party of Nigeria (RPN)

49. Social Democratic Mega Party (SDMP)

50. United Democratic Party (UDP)

51. United National Party for Development (UNPD)

52. United Nigeria Peoples Party (UNPP)

Good
This is what Professor Iwu[b]ruwuru[/b] could have done 8 years ago.Jega you are the man

I strongly support the delisting of non-performing parties. It will do our politics a lot of good.
I believe those whose parties are delisted will be able to find alternative in the surviving parties.
Carry on INEC, you have my support.

Thank God, Hope Democratic Party is on that list!

The only thing I have come to know them for is filing frivolous petitions at election tribunals and throwing tantrums.

I have never heard of their party candidates campaigning - that is if they field candidates- yet they are among the first to file petitions!
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I don’t have CPC’s petition yet –Jonathan
Seven days after the Congress for Progessive Change (CPC) formally filed its petition challenging the results of the April 16 presidential poll, President Goodluck Jonathan yesterday said that he is yet to be served a copy of the petition.

President Jonathan emerged the winner of the poll beating all the other contenders, including the standard bearer of the CPC, Gen. Muhammadu Buhari in a landslide victory. But the President said that he had received a copy of the petition filed by the Hope Democratic Party (HDP) and its candidate, also challenging the outcome of the poll. Jonathan spoke yesterday through his lead counsel, Chief Wole Olanipekun (SAN).

He said that his team had worked on the defence of the President to the petition filed by the HDP and that the papers would be filed at the tribunal before the end of the week. Olanipekun also told National Mirror that even though CPC was yet to serve its own petition on his client, he said that his team had begun work on the President ’s defence to the petition based on the snippets got from newspapers. “But we are waiting for them. As soon as they file, we will do our ‘I’ and cross our ‘t’ within the time provided by the law. “I don’t believe the legal battle will be long drawn as it happened in the Buhari/ Yar’Adua’s case.

This is because there is time limit under the law to prosecute this case. “I understand that the inaugural sitting of the Presidential Tribunal is Tuesday. Maybe, at the sitting venue, they will serve us the petition. But as soon as we get it, we will tackle it,” he said. The inaugural sitting of the Presidential Election Tribunal scheduled to hold last week was postponed till tomorrow.

At the inaugural sitting, preliminary issues including the application by the CPC to inspect electoral materials will be disposed of to pave way for the proper hearing of the substantive petition. As at press time, the President of the Court of Appeal, Justice Ayo Salami, is yet to make public the names of the five justices that will hear the presidential election petitions. The party asked the tribunal to nullify the election of President Goodluck Jonathan on the grounds of substantial non-compliance with the provisions of the Electoral Act 2010.


http://nationalmirroronline.net/news/12173.html


Yar’Adua: S’Court Strikes Out Election Petition
From Tobi Soniyi in Abuja

06 Jul 2010
Views: 42

The Supreme Court on Monday struck out the petition filed by the Hope Democratic Party challenging the election in 2007 of the late Umaru Yar’Adua as president of Nigeria.
Justice Aloma Mukthar struck out the petition following an oral application by Mr. Gbenga Adeyemi a lawyer from the chambers of Chief Wole Olanipekun SAN.
Adeyemi told the court that it was common knowledge that Yar’Adua died on 5th of May 2010 and that by the Supreme Court’s Rules the petition against him ought to be struck out.

He cited Order 8 Rule 9(5) of the Supreme Court Rules which reads as follows, “Where an appeal has been set down for hearing and the court has become aware that a necessary party to the appeal is dead. The appeal shall be struck off the hearing list.”
Relying on this provision, Justice Mukthar consequently struck out the case.

The court of appeal sitting in Abuja had on November 17th threw out the party’s petition filed by its  presidential candidate Ambrose Owuru challenging  Yar’Adu’s election.

Owuru was dissatisfied and appealed to the Supreme Court. That was the second time the party would appeal to the Supreme Court on the same subject matter.
The petitioner had in his statement of claim asked the court to hold that Yar’Adua’s election was fraught with irregularities and that his election did not follow the provisions of  the Electoral Act 2006.

The Supreme Court had in its judgment delivered on the 27th of March, 2009 ordered a re-trial of the petition filed by Hope Democratic Party.
The apex court had also ordered the president of the court of appeal to reconstitute another panel to hear the matter afresh while at the same time ordering accelerated hearing of the petition.

When the hearing began at the appeal court as ordered by the apex court, the petitioner, Owuru said that the appellate court had violated the order of the Supreme Court which directed that the appeal be heard on merit.

Consequent upon this claim,  Owuru, on October 19, 2009 staged a walk- out on the Court of Appeal in Abuja.

O
wuru had urged the five- man Appeal Court Panel led by Justice Rabiu Danlami Mohammed to hear his application that the appeal be heard on merit as ordered by the Supreme Court.

Ruling on the petition at the Court of Appeal,  Justice Ayobode Lokulo Sodipe noted that the petition was struck out because the petitioner failed to comply with the provisions of Section 3 (1) of the election petition’s practice direction.
Justice Sodipe stated that the petitioner never filed any application for a pre-trial conference as required by the court’s practice direction in relation with election matters and therefore “there is no petition before the court”.

The court in striking out the petition cited the Supreme Court decision in Okereke Versus Yar’Adua reported in FWLR 2008 where it noted that the issue of “Practice direction has been laidd to rest by the Supreme Court”.
The court went further to say that in election petition matters relating to presidential, governorship and National Assembly, it was mandatory for the petitioner to apply for pre-hearing conference within the stipulated time and that failure to do so could not even be cured by application for extension of time.

Aside from striking the petition out for lack of jurisdiction, Justice Sodipe condemned the action of Owuru in staging a walk out on a court of law.

http://www.thisdaylive.com/articles/yar-adua-s-court-strikes-out-election-petition/83990/

y

so what happens during the next election

All Nigeria needs is a three party system, with strong ideological grounding.

Calculia:

All Nigeria needs is a three party system, with strong ideological grounding.

All Nigeria needs are regional parties that represent their region's interest.

EzeUche_:

All Nigeria needs are regional parties that represent their region's interest.

No way bros, regional parties like ACN should die a.

What will Pastor Chris Okotie, the perennial presidential aspirant do now . Most of these parties are just floated to collect allocation money for all parties during elections. who no like better thing?

Good developments. All these pure water parties should be deleted ASAP

Great move, and a highly recommended one. The parties are just too much.

Please change the name on the front page, its very misleading and will definitely ruin the reputation of this site more

Whilst I think the title of this tread as put up on the frontpage is misleading in some ways; I am firmly convinced that a non-performing party should be de-registered. In this case, there is quite a huge number of parties. Yes, they should be go!

Two party system recorded such unprecedented success, in my opinion Nigeria will be better off with it.

nice one they are too many, they claim to copy american democracy, if that is the case then they should try as much as possible to copy their two party system that is the only way they can tackle PDP

i suport this move by inec.dont we remmember the SDP and NRC of the abiola days.the compitition was strong then lets just have a two party system once and for all.

Riba_man:

Whilst I think the title of this tread as put up on the frontpage is misleading in some ways; I am firmly convinced that a non-performing party should be de-registered. In this case, there is quite a huge number of parties. Yes, they should be go!

Yes, nigeria already has strong opposition such as, ACN, APGA, DPP. Even 10 parties were spared which I believe is more than enough.

H$LBroker:

nice one they are too many, they claim to copy american democracy, if that is the case then they should try as much as possible to copy their two party system that is the only way they can tackle PDP  

bamosagie:

Two party system recorded such unprecedented success, in my opinion Nigeria will be better off with it.

The last thing this democracy needs is a 2 party system. The PDP is going to infiltrate the other party and make a non sense of it before our very eyes.

The smaller the BETTER

blink182:

Yes, nigeria already has strong opposition such as, ACN, APGA, DPP. Even 10 parties were spared which I believe is more than enough.The last thing this democracy needs is a 2 party system. The PDP is going to infiltrate the other party and make a non sense of it before our very eyes.

DPP? Is that a party? AGPA? is that also a party? 2 party state is now a strong opposition? the only 3 oppositions i see are CPC, ACN and ANPP, others are USELESS, i said USELESS!!!

the only progressive party in Nigeria is ACN and the only strong opposition in the country. The 52 to be de-listed should merge with ACN and form a formidable force to challenge PDP. CPC and ANPP are jokers

satani22:

the only progressive party in Nigeria is ACN and the only strong opposition in the country. The 52 to be de-listed should merge with ACN and form a formidable force to challenge PDP. CPC and ANPP are jokers

I like your reasoning prowess. But this ID 'Satan' is not fitting for u.
change it I beg!!

So AD i going a last good for them.

satani22:

the only progressive party in Nigeria is ACN and the only strong opposition in the country. The 52 to be de-listed should merge with ACN and form a formidable force to challenge PDP. CPC and ANPP are jokers

Waste of time, what does opposition mean to you?

10cirenoh:

DPP? Is that a party? AGPA? is that also a party? 2 party state is now a strong opposition? the only 3 oppositions i see are CPC, ACN and ANPP, others are USELESS, i said USELESS!!!

You should have taken time to do your research, true its a party present only in delta state but it has 2 senators, reps members, finally the delta state house of assembly belongs to it, giving it the power to curb the excesses of the PDP executive arm, should justice be delivered, DPP will be the ruling party in delta state. So I don't see how you can sideline such.

satani22:

the only progressive party in Nigeria is ACN and the only strong opposition in the country. The 52 to be de-listed should merge with ACN and form a formidable force to challenge PDP. CPC and ANPP are jokers

You are saying what you are not sure of, Fashola is one man and not the party, now that hey have the SW, lets see how they perform. Imagine a party that chose a no brainer like Ribadu as presidential candidate, the man was just embarrassing the party at every opportunity. As for them being the strong opposition, I agree but progressive, no way. Lets watch Tinubu unveil his puppets for the next 4 years. 4 years from now, we can come back and decide if they are progressive or not.

all these mushroom parties infiltrating the political space should be cleared and we should be given a breathing space. most of them cant even win an election amongst their kindred. if i had the powers, nigeria would have a maximum of three parties. this will strenghten the opposition and the party in power would be kept in check

Why should I not be able to form a local political party to fight for local government chairmanship in Otta?

Seun:

Why should I not be able to form a local political party to fight for local government chairmanship in Otta?

because you want to be the chairman of a local government doesn't mean you must go and form your own political party, you can join any of the existence ones, because Obama want to become president doesn't give him the chance to form his own political party, join the one on ground and prove yourself like Fashola did in Lagos.

Fashola for President 2015

blink182:

You should have taken time to do your research, true its a party present only in delta state but it has 2 senators, reps members, finally the delta state house of assembly belongs to it, giving it the power to curb the excesses of the PDP executive arm, should justice be delivered, DPP will be the ruling party in delta state. So I don't see how you can sideline such.

It seems you dont know the meaning of opposition again, how is DPP an opposition party nationally? do you think delta state is Nigeria? DPP is not differen from Accord party, Labour party is even Bigger than DPP and ACCORD, AGPA is bigger than accord and dpp. ONLY 3 parties stand as major opposition parties in Nigeria and they are but CPC, ACN and ANPP, the rest are bystanders, if you think they are strong enough, why then did they not have a presidential candidate? let me tell you, any party without a major presidential candidate should be disregarded as a strong opposition party!

Things like this mae me question democracy as a whole, isnt the whole point of a democratic government providing its citizens to chose its administration?

Now how is scrapping parties giving the people any sort of choice?

Wont it be better if we quit deceiving ourselves and simply give in to the elitist autocracy? Even in the countries non performance the same party has been ruling for almost 20 years now? Prior to that Nigerians never chose anything

Whats the end point?

10cirenoh:

It seems you dont know the meaning of opposition again, how is DPP an opposition party nationally? do you think delta state is Nigeria? DPP is not differen from Accord party, Labour party is even Bigger than DPP and ACCORD, AGPA is bigger than accord and dpp. ONLY 3 parties stand as major opposition parties in Nigeria and they are but CPC, ACN and ANPP, the rest are bystanders, if you think they are strong enough, why then did they not have a presidential candidate? let me tell you, any party without a major presidential candidate should be disregarded as a strong opposition party!

Yeah you right.

queensmith:

Things like this mae me question democracy as a whole, isnt the whole point of a democratic government providing its citizens to chose its administration?

Now how is scrapping parties giving the people any sort of choice?

Wont it be better if we quit deceiving ourselves and simply give in to the elitist autocracy? Even in the countries non performance the same party has been ruling for almost 20 years now? Prior to that Nigerians never chose anything

Whats the end point?

Giving up will only make things worse

Sometime ago my neigbour's son came to me with his takehome assignment and asked for help. I couldnt help instantly. The assignment was
1. How many political parties are in Nig?
2. Name them and include their logos.
How would i have been able to help with ths? Abeg, they should even prune off five,with 5 we sure can do well