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2011 Electoral Act: 22 Parties Head For Court ! - Politics - Nairaland

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2011 Electoral Act: 22 Parties Head For Court ! by wales(m): 5:46am On Aug 24, 2010
In what may throw spanners in the preparations of the Independent National Electoral Commission (INEC) for the 2011 elections, 22 of the 62 registered political parties are heading for the law court to challenge the newly signed Electoral Act over perceived undue advantage conferred on the ruling Peoples Democratic Party (PDP) by certain provisions in the Act.
Preparatory to the filing of the action, the parties will meet today (Tuesday) in Abuja to strategize on how to go about it. Already, the parties have contracted a team of lawyers headed by a Senior Advocate of Nigeria (SAN).

Some of the parties on queue for the court action are, National Conscience Party (NCP), Labour Party, All Progressive Grand Alliance (a faction of APGA), Progressive Action Alliance (PAC), All Peoples Liberation Party (APLP) , National Action Council (NAC), and Peoples Redemption Party (PRP) among others.

Specifically, the parties, Daily Sun gathered, will challenge in court, the order of elections as provided for the Act. In the new Act, elections have been re-ordered such that the National Assembly polls will hold first in the 109 senatorial districts and 360 federal constituencies across the nation.

The Presidential election follows suite while the governorship and state assembly elections come last as opposed to former order which runs from the least and peak at Presidential level. Some of the aggrieved chairmen who confided in Daily Sun revealed that another sore point which the parties would be confronting in court is the Section 78 (7) of the Act, which empowers the INEC to deregister any of the political parties that fails to win any elective post in 2011 elections.

Of the 62 registered parties only seven of the parties won various offices after the 2007 elections. They are Peoples Democratic Party, (PDP), All Nigeria Peoples Party (ANPP), Alliance for Democracy, (AD), Action Congress, (ACN), All Progress Grand Alliance (APGA), Progressive Peoples Party (PPA), and Accord Part (AP). The only Senator elected on the platform of AP is Sen Osakwe (Delta State) and he has since decamped to PDP.

National Chairman of Labour Party, Chief Dan Nwayanwu, whose party is among those spearheading the action confirmed to Daily Sun that the move is in the interest of strengthening the democracy in Nigeria saying any deliberate plan to stifle other parties is unacceptable.
According to him, the National Assembly members used their majority might in conjunction with the Executive to plant provisions that will further the interest of the PDP at the expense of other parties.

On the implication of such action coming months before the January elections, Barrister Nwayanwu argued that the planned court action was not targeted at INEC “it’s just that there is no way the INEC will not be affected because we are going to seek injunction from court stopping the INEC from using the Act pending the determination of our substantive suit.

“It leaves much to be desired that the lawmakers will deliberately insert clauses that will help their parties at election. Why did they change the former other of election and arrange it in a way that will give the PDP as the ruling party advantage over others”, he stated.
Nwayanwu pointed out further that the parties that are coming together to fight the offensive provisions in the new Act because of their belief that allowing it will mean turning Nigeria to a one party state. “Because once the President is elected, it will propel a bandwagon effect in which every other person will want to belong to the president’s party to get elected.”

Also, the Labour Party boss explained that nothing could be far more glaring as a move to kill other parties for PDP than the power conferred on INEC to deregister political parties that fail to win a seat at the state or national level. That a party deos not win in an election is not an indication that it has no supporters, people must be free to choose and join which party they like, de-registering political parties means you are limiting their choice and forcing them to belong to parties other than choice.

Chairman of the Conference of Nigeria Political Parties (CNPP) and National Chairman of Peoples Redemption Party (PRP), Alhaji Balarabe Musa also condemned the provisions noting that they are undemocratic and should not be allowed.
He promised to support any move that will bring about further deepening the democracy rather than destroy it.
Alhaji Musa enjoined Nigerians to support INEC to ensure the coming elections are not only free and fair but meet the aspirations of Nigerians.



http://www.sunnewsonline.com/webpages/news/national/2010/aug/24/national-24-08-2010-001.htm

Re: 2011 Electoral Act: 22 Parties Head For Court ! by jamace(m): 7:02am On Aug 24, 2010
Where were these 22 parties and their members when the Act was in the making?
Re: 2011 Electoral Act: 22 Parties Head For Court ! by debeginin(m): 9:58am On Aug 24, 2010
Na hopelessness dey worry dem!
Re: 2011 Electoral Act: 22 Parties Head For Court ! by yemmight(m): 1:35pm On Aug 24, 2010
No ACN, ANPP. I dont think those parties are revevant.
Re: 2011 Electoral Act: 22 Parties Head For Court ! by jidsoon(m): 2:01pm On Aug 24, 2010
tell the INEC d deregister any of the political parties that fails to win
Re: 2011 Electoral Act: 22 Parties Head For Court ! by Nobody: 2:07pm On Aug 24, 2010
They would get their judgement on the eve of the 2011 election.they should ask Atiku
Re: 2011 Electoral Act: 22 Parties Head For Court ! by Mesef1: 11:15pm On Aug 24, 2010
Yes, there seems to be undue advantage here but it won't be easy to prove.

Besides, how can a court of law upturn an act of the National Assembly except where it clearly condradicts the consitution of the Federal Republic which is not the case here?

Please lawyers in the house should emlighten me.
Re: 2011 Electoral Act: 22 Parties Head For Court ! by 6fut: 1:56pm On Aug 25, 2010
I suport sectn 78(7) wich empowers INEC 2 deregister a politcal party dat fail 2 win a seat. I wonda y such parties wud continue 2 exist in 1st place. Hw can electns be held in LG, State nd Fed. & a party can nt win just 1seat nd wants 2 continue 2 exist so as 2 colect INEC grants.
If dis sectn stands i knw many of d parties wil go in xtinction wit just abt 6-10parties remainin afta 2011 electns.
Re: 2011 Electoral Act: 22 Parties Head For Court ! by 6fut: 1:58pm On Aug 25, 2010
I suport sectn 78(7) wich empowers INEC 2 deregister a politcal party dat fail 2 win a seat. I wonda y such parties wud continue 2 exist in 1st place. Hw can electns be held in LG, State nd Fed. & a party can nt win just 1seat nd wants 2 continue 2 exist so as 2 colect INEC grants.
If dis sectn stands i knw many of d parties wil go in xtinction wit just abt 6-10parties remainin afta 2011 electns.

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