… Court To Rule On INEC's Powers To De-Register In March
POLITICAL parties across the divide, including those not directly affected, have risen in unison to reject Thursday's announcement by the Independent National Electoral Commission (INEC), de-registering 28 of the 57 parties in the country. They have described the action as another illegal move to stifle democracy in Nigeria.
The electoral body in a statement in Abuja by its Secretary, Alhaji Abdulahi Kaugama, said the action was taken in exercise of INEC's powers as enshrined in the I999 Constitution (as amended) and the Electoral Act 2010 (as amended).
But Justice Okon Abang of the Federal High Court, Lagos Friday said he would deliver judgment in the suit filed by the National Conscience Party (NCP) challenging the powers of INEC to de-register political parties on March 6, next year.
He fixed the date following the adoption of written addresses by parties in the suit.
Coordinator of Patriotic Alliance (PA), an amalgamation of political parties with progressive leaning, Chief Maxi Okwu, immediate past Chairman of Inter-Party Advisory Council (IPAC), Chief Emmanuel Osita Okereke, and National Chairman of the Movement for the Restoration and Defence of Democracy (MRDD), Mohammed Danjuma said the action was undemocratic.
Okwu, a lawyer and one-time Secretary General of the Conference of Political Parties (CNPP) and current National Chairman of the Citizens Popular Party (CPP), said the action was a clear violation of the country's constitution.
He said nowhere has a political party been proscribed by fait, saying the existence and death of parties are determined by the electorate and the founders of such parties to take decisions on their fate.
According to him, Section 40 of the Nigerian constitution provides Nigerians with fundamental rights and freedom to associate, and that includes forming a political parties with people of like minds, adding, however, that there is no way a mere Electoral Act could nullify what was contained in the constitution, which is a grundnorm in the country. "To me, that decision is questionable, in terms of law," he said.
In the same vein, Okereke and Mohammed, whose parties were affected in the purge, believed that INEC and its leadership had ulterior motives in taking the course of action they took.
Okereke, who until recently was the head of IPAC, accused INEC Chairman, Prof. Attahiru Jega, of acting against an existing court order.
He insisted that INEC had no power to de-register political parties since their existence was a constitutional matter in the first place, stressing that it was not mandatory for political parties to contest elections or field candidates for all every elections. According to him, parties could exist to mobilise the people for a specific purpose at other levels of existence, other than contesting elections.
Mohammed blamed politicians for always playing into the hands of undemocratic elements, recalling how elected politicians always invited the military any time their interests were threatened.
For him, terminating important structures, such as political parties that would facilitate the growth of democracy, was not in the best interest of the country's democracy.
The MRDD leader made allusion to the Supreme Court's pronouncement in the case initiated by the late fiery Lagos lawyer, Chief Gani Fawehinmi (SAN), against INEC, which opened the door for the registration of more political parties.
On its part, Hope Democratic Party (HDP) warned INEC to be careful in its actions, saying it should have encouraged political parties to merge, instead of their abrupt deregistration.
The party's National Chairman and presidential candidate in the last general election, Mr. Ambrose Owuru told The Guardian that INEC ought to be careful in the way it conducts its affairs so as not to jeopardise Nigeria's democratisation process.
Former National Chairman of the Justice Party (JP) until recently, Chief Ralph Obioha asked INEC to rethink the decision, saying the action was not good for the continuous growth and development of democracy in Nigeria.
He said that it was wrong for INEC to deregister the parties, especially when grants were no longer made available for them to function, stressing that it would not only discourage participation in politics, but would also go to show that only parties with moneybags could operate in the country.
National Secretary of All Progressives Grand Alliance (APGA), Alhaji Sani Abdullahi Shinkafi, implored INEC to administratively reconsider its action, as not doing so would ultimately work against the intent and spirit of Nigerian constitution, which specifies the need for Nigerians to freely associate with one another, without let or hindrance.
He said the de-registration of parties would close up the much-needed wide and open political and democratic space, which ordinarily allows every shade of opinion to be democratically expressed and be heard.
Founder and presidential candidate of the Fresh Democratic Party (FDP), Pastor Chris Okotie, said: "It is obvious that the scar embedded in the psyche of PDP in last year's presidential election has inspired the fear of authentic opposition parties.
"This is nothing short of vindictive purposelessness and transgression of the constitution.
"I am hopeful and faithful in God that the Judiciary will erase this aberration by INEC from our political landscape. Definitely I will proceed to court to challenge the deregistration."
Founder and presidential candidate of Nigeria Advance Party (NAP), Dr. Tunji Braithwaite, described the INEC action as an exercise in futility.
He said: "We, in NAP, as well as those of other progressive parties ignore INEC's faulty step. We know Jega is doing his paymaster's bidding in furtherance of their hidden Agenda to give themselves a term-elongation without going through elections. And this is ironical, since they are adept in electoral malpractices. Why don't they just continue their practices?
"The fact of the matter is, we do not even need "registration" to be very active and effective in political action against the oppression and the defrauding of the Nigerian masses, by those who, willy-nilly find their way to government."
But former Minority Leader in the House of Representatives, Farouk Adamu Aliyu, and the Jigawa State Chairman of the Nigeria Bar Association (NBA), Adamu Turaki, have commended INEC for following due process in the de-registration of the parties.
The former lawmaker said it was a very good development and urged INEC to de-register more, some of which he said were just the creation of the PDP-led government.
He urged INEC to come up with a novelty that will see to fewer parties participating in election during election year to avoid the cumbersome nature of printing of ballot papers.
NCP was not included in the INEC de-registered of the parties, ostensibly because Justice Abang had on September 12, this year restrained it from deregistering it, pending the hearing and final determination of the suit.
But the court had refused the NCP's request to allow other parties to benefit from the same order.
NCP is by the suit, challenging the provisions of Section 78(7)(ii) of the Electoral Act 2010, which empowers INEC "to deregister political parties, for failure to win presidential or governorship election or a seat in the National Assembly or State House of Assembly."
Counsel for the NCP, Marcus Eyarhono, urged the court to declare the said provision of the Electoral Act as "null and void and of no legal effect whatsoever," because it violated certain provisions of superior laws.
He argued that the contentious provision of the Electoral Act infringed upon freedom of association guaranteed under Sections 40 of the Constitution and Article 10 of the African Charter on Human and Peoples' Right.
Adopting his own address, counsel to INEC, Mr. Adeniyi Lawal, described NCP's suit as "incompetent and abuse of court process."
Lawal urged the court to dismiss the suit and hold that INEC is statutorily empowered by the constitution to deregister parties, while the National Assembly is entitled to "make, enact and amend" the laws in the country.
National Assembly's counsel, Oluwatosin Apata, asked the court to disregard the plaintiff's claim, arguing that by virtue of Sections 4 and 228(d) of the same constitution, the National Assembly is vested with the legislative powers to enact laws that regulate the activities of INEC, including the power to register and deregister political parties.
