The Independent National Electoral Commission (INEC) is not bound to register the emergency African Peoples Congress to spite the opposition parties from merging as All Progressives Congress (APC), it was learnt yesterday.
Besides, said a source, INEC has so far received only a letter of intent from the emergency group.
The letter of intent was reportedly submitted at the INEC office without any interaction with the commission’s officials.
According to a source, the African Peoples Congress rushed to INEC last week with a letter of intent to be registered as a party.
The source added: “The African Peoples Congress submitted only a mere letter of intent last week without requisite information. Legally, we are expected to look into the application within 30 days and, administratively, we ought to determine the fate of the group within 90 days.
“So far, we have got the letter of intent without requisite information, like the list of representatives of the party, its board of trustees, the address of its headquarters in Abuja and the list of its offices in the 36 states of the Federation.
“As I am talking to you, no one in INEC knows the promoters of the African Peoples Congress. They have not supplied any tangible information to show that they are serious.
“We hope that the group will make these information available as soon as possible. Or else, the electoral commission might see the group as playing to the gallery.”
Asked how the application was received, the source added: “A lawyer just walked in and submitted the letter of intent.
“As a commission, we cannot shut our doors to any group seeking to register as a political party.”
The source clarified that by virtue of Section 222 of the 1999 Constitution and Section 78 of the Electoral Act, INEC is not bound to register the emergency African Peoples Congress.
“Although we are to entertain applications for registration of parties on the basis of first come, first served, we are not bound to register All Peoples Congress, except all conditions are met as contained in Section 78 of the Electoral Act.
The section reads: “A political association that complies with the provision of the constitution and this Act for the purposes of registration shall be registered as a political party, provided that such application for registration as a political party shall be duly submitted to the Commission not later than six months before a general election.
“The Commission shall, on receipt of the documents in fulfillment of the conditions stipulated by the Constitution, immediately issue the applicant with a letter of acknowledgement stating that all the necessary documents have been submitted to the Commission.
“If the association has not fulfilled all the conditions under the section, the Commission shall within 30 days from the receipt of its application notify the association in writing, stating the reasons for non-registration.
“A political association that meets the conditions stipulated in the constitution and this Act shall be registered by the Commission as a political party within 30 days from the date of receipt of the application, and if after the 30 days such association is not registered by the Commission unless the Commission informs the association to the contrary, it shall be deemed to have been registered.
“An association which, through the submission of false or misleading information pursuant to the provisions of this section, procures a certificate of registration, shall have such certificate cancelled.
“An application for registration as a political party shall not be processed, unless there is evidence of payment of administrative fee as may be fixed from time to time by the Commission.
“The Commission shall have power to deregister political parties on the following grounds; breach of any of the requirement for registration and for failure to win a seat in the National or State Assembly election.”
http://thenationonlineng.net/new/news/proxy-apc-inec-has-only-letter-of-intent-says-official/

.....