A Federal High Court in Abuja has upheld the decision by the Independent National Electoral Commission (INEC) to de-register the Democratic People’s Party, (DPP) and Reform and Advancement Party (RAP).
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Both parties are among some political parties de-registered some weeks ago by INEC on the grounds that they failed the constitutional requirement to retain their status as political parties.
In two judgments on Wednesday, Justice Evelyn Maha held that INEC possesses the requisite powers under the Constitution to de-register a political party that failed to meet the requirements in Section 225 (a) of the 1999 Constitution.
The judgements were on the suits by the DPP and RAP. The judge dismissed both suits for lacking in merit.
Justice Maha was of the view that the plaintiffs failed to establish why they should continue to exist as political parties, having failed to secure any seat in previous elections.
She noted that the two de-registered parties did not, in their pleadings, deny the fact that they were unable to meet the required statutory benchmark contained in Section 225 of the Constitution.
The judge held that INEC has a binding obligation to act in accordance with express provisions of the Constitution, and that it (INEC) did not act ultra-vires its powers by withdrawing the registration of the plaintiffs for their non-performance in past elections.
The judge said: “Section 225 provides the law guiding the existence of political parties in Nigeria. There is no evidence that the defendant unlawfully re-registered the 3rd plaintiff.”
She said the use of the word “shall” in Section 225 of the Constitution placed a mandatory responsibility on INEC to de-register political parties that failed to meet the constitutional requirement.
Reacting to the court’s decision, lawyer to RAP, Okere Kingdom said his client would appeal the judgment.
Kingdom contended that the trial court misunderstood the case it brought before it for adjudication.
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