₦airaland Forum

Kdon2:
That's what qualify any of them as a serious party. Anyone that can't meet that threshold is not fit to be a party. It's not tea party.

Agreed. But what I understand is that INEC may deregister.

"MAY" is the key word.


So no court should order INEC to deregister any party.

Moroccoguy:
Too late already, maybe after the 2027 election they can start to implement this.

About 17 parties were registered in the last election.

Do you mean the law should be suspended because it's going to affect you?

DMCA:
u no see say na multiple conditions?

no you are wrong since the "OR" is used.

immaculatesense:
What this means is that:
1. A political party cannot contest for the next Presidential election if he fails to win 25% in at least one state of the federation. It may contest for other elections but the presidential election.

2. A political party cannot contest a governorship election if he failed to win at least 25% in at least one local government of that state.

Others follow suit.

The summary of this shows us that some political parties may be qualified to contest house of representatives elections but may not be allowed to contest for Presidential election or governorship elections in some states where it failed to meet the minimum requirements.

QUESTIONS TO ANSWER:
1. Can Justice Lifu disregard the stay of proceedings as instructed by Appeal Court (a higher court)?

2. Should Justice Life have asked INEC to remove ADC and other parties involved from participating in SPECIFIC elections rather than outrightly deregistering them across the board.

No Be Juju Be Dat?

English is you guys problem. Since the conjunction "OR" is used, that means a condition must be met which is why most of the old parties have never been deregistered.

Prince111111:
no you are wrong since the "OR" is used.

But the constitution is clearly interpreted as
Failing just one major criterion can be enough to deregister a political party
as amended
bye bye ADC

Kdon2:
ADC didn't win 25% in presidential election that's the kicker

English is your problem

DMCA:
But the constitution is clearly interpreted as
Failing just one major criterion can be enough to deregister a political party
as amended
bye bye ADC

please you are wrong because OR is used

ogascomax:
Since the law was recently amended and signed it cannot be enforced now until after 2027 election.

The law has been as stated since circa 2013 under the GEJ government when he signed an electoral act into law. There have been two electoral acts since then for the 2015,2019 and 2023 elections

Prince111111:
please you are wrong because OR is used

English d hard u?
dem say:
A party can be deregistered if it:

* fails to win elections OR
* fails to meet registration/constitutional requirements OR
* violates electoral/constitutional obligations

that OR means any of dem, even just one

Penguin2:
ADC won 2 House of Representatives in 2023.

ZLP won 15 LG seats in Abia.

APP won all the LG seats in Rivers in 2024.

So, on what basis were they ordered to be deregistered?

I think this should be done in percentage instead of the figures. And how come this judgment or INEC did not inform those parties on time

Politicstoday:
POSITION OF THE ELECTORAL ACT!!!

Under Nigeria’s Electoral Act and the 1999 Constitution (as amended), the Independent National Electoral Commission (INEC) can deregister a political party. The power comes from Section 225A of the Constitution, which was added by the Fourth Alteration, No. 9 Act, 2017.

Legal grounds for deregistration

1. Breach of registration requirements

• Failing to meet the conditions in Section 222 for registration: proper registration of national officers, submission of constitution to INEC, national spread, etc. •Any violation of the requirements an association must satisfy to operate as a political party.

2. Failure to meet minimum electoral performance thresholds

INEC may deregister a party if it fails to win:

• Presidential election: At least 25% of votes cast in one state of the federation •

Governorship election: At least 25% of votes cast in one local government area of a state •

Chairmanship election: At least one ward •

Legislative elections: At least one seat in the National Assembly or State House of Assembly

• Councillorship election: At least one seat

Section 225A lists it this way:

a. breach of any of the requirements for registration;

b. failure to win at least twenty-five percent of votes cast in-

i. one State of the Federation in a Presidential election; or

ii. one Local Government of the State in a Governorship election;

c. failure to win at least-

i. one ward in the Chairmanship election;

3. Failure to participate in elections
Lawmakers have also argued that parties that don’t field candidates, lack structures, or only litigate without participating should be deregistered. INEC has said more parties could be deregistered “so long as they fail to meet the requirement of the law”.

Adeleke is in a dilema

DMCA:
English d hard u?
dem say:
A party can be deregistered if it:

* fails to win elections OR
* fails to meet registration/constitutional requirements OR
* violates electoral/constitutional obligations

that OR means any of dem, even just one

see as you dey disgrace yourself on top English...so they have never won any as you claimed? Chai school no be scam afterall

Prince111111:
see as you dey disgrace yourself on top English...so they have never won any as you claimed? Chai school no be scam afterall

so why d court also bank on d same thing wey i dey talk?
dem really waste money ontop ur matter say make u go school i swear.
comprehension zero

DMCA:
so why d court also bank on d same thing wey i dey talk?
dem really waste money ontop ur matter say make u go school i swear.
comprehension zero

I doubt it if you have my qualifications

seunmsg:
ferg.ie001, if this is the true position of what happened, then Justice Lifu is in order.

Don't mind Johnny @Politicstoday, he is after Adeleke nah

Stay of proceedings is equivalent to maintain status quo.
What is a Stay of Proceedings?
A stay of proceedings can take two forms:
1. Stay of proceedings. Pending the determination of the appeal filed.

2.. stay old proceedings pending in a particular suit
The latter is usually issued by the court when the determination of one suit in a similar case can determine the live issue in another one. This usually takes place in the trial Court.

The former is the one in question issued by the Appeal Court...... See what a stay of proceedings mean:-
The essence of the jurisdiction to grant stay conferred on the courts and the right of parties in suit coining before the court are statutory and inherent. It is granted in order to maintain the status quo until the determination of the appeal and to preserve the res or subject matter of the litigation, so as to ensure that the result of the appeal, if successful, is not rendered nugatory.
(Mains Ventures Vs Petroplast Ltd) per Nzeako. JCA 2000

Again, a stay of proceedings is to halt any other action before the final ruling. Final written address is not a ruling or judgement...... As long as the order has come, it ought to be halted.

Prince111111:
I doubt it if you have my qualifications

list ur qualifications and where u get dem from so i go know the institutions wey fail u

DMCA:
list ur qualifications and where u get dem from so i go know the institutions wey fail u

If they failed me, I won't be where I am ogbeni. Better go get life

Penguin2:
ADC won 2 House of Representatives in 2023.

ZLP won 15 LG seats in Abia.

APP won all the LG seats in Rivers in 2024.

So, on what basis were they ordered to be deregistered?

And again..

Now that we are already within the active calendar of the 2027 general election, and the process of the 2027 general election has already kick-started, then the outcome of 2023 election can no longer be used to de-register any party, since all the parties are now undergoing the preparations for the 2027 general election.

Nevertheless, there is every possibility that the suit was initiated at a time when the process for the 2027 general election has not started..
But even at that, the suit naturally should have been taken over by events.

Prince111111:
English is your problem

My problem or yours? You better check the conditions very well.

ddippset:
Agreed. But what I understand is that INEC may deregister.

"MAY" is the key word.


So no court should order INEC to deregister any party.

What if inec agrees with the court position

Abeg sorry o
But I get one question o

What if the party na new party today today
Wey never participate in any election
Abi new party no fit dey again?

See me see Nigeria o
Different unreasonable irrelevant and irrational act and judgement everywhere

Afrojuju2017:
The law has been as stated since circa 2013 under the GEJ government when he signed an electoral act into law. There have been two electoral acts since then for the 2015,2019 and 2023 elections

I doubt if it's true. Otherwise INEC has failed because they should be the one deregistering political parties that don't meet the threshold. This should be INEC duty immediately after an election.
However, this won't fly.
The Gombe guy is yet to say anything and the other faction by kachukwu.

Penguin2:
ADC won 2 House of Representatives in 2023.

ZLP won 15 LG seats in Abia.

APP won all the LG seats in Rivers in 2024.

So, on what basis were they ordered to be deregistered?

Did they win 25% in presidency election? Did they contest for it? If they contested for presidency and didn’t win 25% then they will be deregistered. If you know your party has no strenght to do well in an election, don’t contest for it. That’s the message. If only they limited themselves to ones they can win, they won’t be deregistered.

Britishpea:
Go back and read it again...English seems to be a problem here...

However, were ADC and other parties, ADC especially not represented by their lawyers in the court??
WE can only contest the timing..The timing for the judgement is wrong..Election is close, party movement door s shut This will look like they want to be disenfranchised

Ignorance of the law is not an excuse. Those is deregistered parties played a gamble and lost. They can vote but cannot be voted for.

Kdon2:
ADC didn't win 25% in presidential election that's the kicker

And they contested for it. If they didn’t contest in it, things would have been different.

There's nothing wrong or unclear in this law. This should be encouraged and followed to its letter, otherwise our political system will be full of mushroom parties that are just there to occupy space without any meaningful contribution to the electoral system

BluntCrazeMan:
And again..

Now that we are already within the active calendar of the 2027 general election, and the process of the 2027 general election has already kick-started, then the outcome of 2023 election can no longer be used to de-register any party, since all the parties are now undergoing the preparations for the 2027 general election.

Nevertheless, there is every possibility that the suit was initiated at a time when the process for the 2027 general election has not started..
But even at that, the suit naturally should have been taken over by events.

They are just insistent on killing opposition and Justice Lifu is their willing tool.

donself9:
quote author=immaculatesense post=139731912]
What this means is that:


Professor Amupitan calm down ...thats not what the law says ... Its ALL option .. If you can meet All fine Buh @least meet one ...this law are not knew, Nigeria did not start under Tinubu so dont insult our intelligence & experiences



Na you write that law, not in our constitution.



I must ask how did you come up with these wack reasoning, lemme guess you love Tinubu.
Ok backup what you just said with a reference since 2017 the law was enacted, Sowore party [AAC] never met any of this requirement nd til date he as not being deregistered.

Tell me why ACC qualify and ADC did not 🤣 Tinubu is really biting more

QUESTIONS TO ANSWER:


yes, becos the appeal judgement explicitly outlined the case file before justice lifu nd gave a ruling



by rank of appellate court, what justice lifu should have done is stall nd let the appeal court decide since it the order was "stay" , later judgement wil tell if FHC stil have decision to make or not

I will give a reference, in case of Bala Gombe n ADC, the appeal court re introduce FHC to decide, go back to FHC court, if the order was " maintain statuo quo" till appeal court decide, FHC position stays on " judi'o'pause"

The appeal court was directed explicitly on the file before justice lifu pre - hearing ..no excuse .. These is contempt

Read 1

You see that you are the one that does not know the usage of "OR".
When your organization make a rule or policy, for instance:
Any staff that fails to come to work OR comes late to work will receive a query.

Now, do that mean your have to break both rules before you are penalized or you just need to break one.

Where you missed it up is that you did not put into consideration the fact that the statement are NEGATIVE statements (fails to) which mean any political party that fails to meet a requirement OR another (just one) will be penalized.

So you are wrong to use OR wrongly
No Be Juju Be Dat?

Kdon2:
My problem or yours? You better check the conditions very well.

maybe you should try and check properly and understand the use of functional words in English. Thanks.

Kdon2:
What if inec agrees with the court position

Same INEC that previously said they met all conditions.
This same INEC will now agree with the court after they have conducted primaries, spent time and spent money?