Court overrules INEC on Fresh Party’s deregistration

by: Eric Ikhilae

A Federal High Court in Abuja yesterday voided the decision by the Independent National Electoral Commission (INEC) to deregister the Fresh Democratic Party (FDP).

Justice Gabriel Kolawole held that INEC acted unconstitutionally as it exercised its powers to deregister the party without giving it fair hearing as provided by the Constitution.

The judge also voided the provision of Section 78(7)(ii) of the Electoral Act 2011 for being inconsistent with the provision of the Constitution.

That portion of the Electoral Act allows INEC to deregister any party that did not win either National Assembly or State Assembly seat.

The judgment was on a suit by FDP challenging its last year deregistration by INEC. The party was among 28 others proscribed by the electoral body.

Justice Kolawole held that the powers to deregister parties, granted to INEC in Section 78(7)(ii) of the Electoral Act assumes quasi-judicial nature when it comes to deregistering parties, and “must not be exercised without giving the party to be deregistered a fair hearing.

“The first plaintiff (FDP) was entitled to be heard by the first defendant (INEC) before taking the decision to deregister it,” the judge held.

Justice Kolawole criticised INEC’s defence, holding that it failed to provide any shred of evidence to prove that it accorded the party fair hearing before proceeding to deregister it.

The judge, though upheld the National Assembly’s power to make laws as it relates to its enactment of the Electoral Act 2011, held that paragraph 2 subsection 7 of section 78 of the Electoral Act was inconsistent with the Constitution.

Justice Kolawole described the provision, as enacted by the National Assembly, as “a legislative mischief that must be addressed.”

He held that the country’s electoral process had not matured to the level where it could garanty free and fair election.

The judge noted that the concern of all should be how to create acredible electoral process.

He granted nine of the plaintiffs’ 10 prayers, which include that INEC breached Sections 14, 15(2) and (3) and 17 of the Constitution in excercising its powers to deregister parties.

Justice Kolawole also held that INEC, as established under Section 153 of the Constitution, could not deregister parties without recourse to sections 221-229 of the Constitution.

The judge refused to grant the plaintiffs’ prayer for N10millon cost. He asked them to see their effort as a contribution to the growth of the nation’s democratic process.

TheNation