The Lagos Division Court of Appeal yesterday upturned the judgment of Justice Okon Abang of Federal High Court, Lagos, which in 2013, upheld the Independent National Electoral Commission INEC power to de-register National Conscience Party, NCP.
Justice Abang, had in his judgment, affirmed the constitutionality of section 78(7) (ii) of the Electoral Act 2010, which makes it mandatory for political parties to win election to be accorded recognition by INEC Abang held that Section 78(7)(ii) of the Electoral Act was not in conflict with the provisions of the Constitution and the African Charter on Human and Peoples’ Right Enforcement and Ratification Act as contended by the plaintiffs.
He had held: “There is nothing unconstitutional about Section 78(7) (ii) Electoral Act. Put differently, Section 78(7)(ii) of the Electoral Act is constitutional.”
Dissatisfied, NCP filed a notice of appeal and urged the appellate court set aside Abang’s decision and allowed its appeal.
In its judgment, delivered by Justice C. E. Iyizoba, the appellate court declared null and void section 78(7)(ii) of Electoral Act 2010, which empowers INEC to de-register political parties, saying it was not part of the constitution that a political party must win an election to operate as a political party.
The section allows INEC to deregister political parties which fail to win presidential, governorship elections or win a seat in the National Assembly or state Houses of Assembly. NCP, founded by the late legal icon, Chief Gani Fawehinmi, had in its appeal urged the court to allow the appeal and set aside the whole judgment.
Justice Okon Abang, had in his judgment, affirmed the constitutionality of section 78(7) (ii) of Electoral Act 2010 which makes it mandatory for political parties to win an election to be accorded recognition by INEC.
Saying that the Federal high Court judge erred in by refusing to invalidate section 78(7)(ii) of Electoral Act 2010, NCP argued that the said section was in conflict with provisions of the Constitution and the African Charter on Human and Peoples’ Right Enforcement and Ratification Act as contended by the plaintiffs.
Abang had said the right to form and join a political party as stated in Section 40 of the Constitution was not an absolute right, adding that deregistration of a party is part of INEC’s regulatory roles conferred on it by a clause in the Section 40 of the constitution.
He had said winning an election was an obligation needed to be fulfilled by political parties in order to enjoy their constitutional rights.
In dismissing the NCP’s case, Abang also ordered the plaintiffs to pay N15,000 as cost to each of INEC and the National Assembly, who were both defendants in the case
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