Enugu Court of Appeal restores 7 political parties previously de-registered by INEC
Fri Jun 03, 2016 09:52:am Politics
2.2K By Buchi Obichie
Seven political parties which were previously de-registered by the Independent National Electoral Commission, INEC, on August 18, 2011 have been restored on the orders of the Enugu Court of Appeal.
The affected political parties are: Democratic Alternative, DA; National Action Council, NAC; National Democratic Liberty Party, NDLP; Masses Movement of Nigeria, MMN; Nigeria Peoples Congress, NPC; Nigeria Elements Progressive Party, NEPP and National Unity Party, NUP.
The seven parties had been de-registered by INEC on August 18, 2011, due to failure of the parties to win any seat either in the state House of Assembly or National Assembly, pursuant to Section 78 (7) of the Electoral Act 2010 as amended.
But an Onitsha-based human rights lawyer, Jezie Ekejiuba went to a Federal High Court sitting in Awka, to challenge the de-registration of the parties by INEC, arguing that the action was unconstitutional.
Delivering judgment on the matter, the Federal High Court presided over by Justice J. Ojukwu, dismissed the suit for lack of merit; stating that under the Nigerian Constitution, INEC had the power to de-register political parties.
Dissatisfied by the judgment of the Federal High Court, the Plaintiff/Appellant, Ekejiuba headed to the Appellate Court to contest the verdict.
The Appeal Court of Enugu set aside the judgment of the High Court; and in a unanimous judgment delivered by Justice Tom Yakubu on behalf of other concurring judges- Justice Rita Pemu and Justice Omodere Bolaji-Yusuf- ordered the restoration to life of all the seven de-registered political parties and granted all the five prayers sought by the Plaintiff/Appellant.
The affected political parties are: Democratic Alternative, DA; National Action Council, NAC; National Democratic Liberty Party, NDLP; Masses Movement of Nigeria, MMN; Nigeria Peoples Congress, NPC; Nigeria Elements Progressive Party, NEPP and National Unity Party, NUP.
The seven parties had been de-registered by INEC on August 18, 2011, due to failure of the parties to win any seat either in the state House of Assembly or National Assembly, pursuant to Section 78 (7) of the Electoral Act 2010 as amended.
But an Onitsha-based human rights lawyer, Jezie Ekejiuba went to a Federal High Court sitting in Awka, to challenge the de-registration of the parties by INEC, arguing that the action was unconstitutional.
Delivering judgment on the matter, the Federal High Court presided over by Justice J. Ojukwu, dismissed the suit for lack of merit; stating that under the Nigerian Constitution, INEC had the power to de-register political parties.
Dissatisfied by the judgment of the Federal High Court, the Plaintiff/Appellant, Ekejiuba headed to the Appellate Court to contest the verdict.
The Appeal Court of Enugu set aside the judgment of the High Court; and in a unanimous judgment delivered by Justice Tom Yakubu on behalf of other concurring judges- Justice Rita Pemu and Justice Omodere Bolaji-Yusuf- ordered the restoration to life of all the seven de-registered political parties and granted all the five prayers sought by the Plaintiff/Appellant.
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