Deregistration of parties: Supreme Court fixes hearing for Feb 22 in case against INEC

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The Supreme Court has scheduled hearing for February 22 in an appeal by the Independent National Electoral Commission (INEC) against a judgment of the Court of Appeal voiding its de-registration of 23 political parties.

A five-member panel of the court, in a unanimous ruling yesterday, dismissed the applications for joinder filed by two political parties: the Movement for the Restoration and Defence of Democracy (MRDD) and Advanced Nigeria Democratic Party (ANDP).

Justice Kudirat Kekere-Ekun authored the lead ruling, which was read on Friday by Justice Ibrahim Saulawa.

Justice Kekere-Ekun held that the applicants failed to place sufficient materials before the court for it to exercise discretion in their favour.

She concluded that the applications were devoid of merit and proceeded to dismiss them.

 

INEC had on February 6, 2020 de-registered 74 political parties for failing to win any political office in the last general election.

 

The Advanced Congress of Democrats (ACD) and 22 other parties sued at the Federal High Court in Abuja to challenge their deregistration by INEC.

In a judgment on June 11, 2020, the Federal High Court dismissed the suit on the grounds that INEC was empowered to de-register parties that failed to win elections.

The court held that Section 225(a), (b) and (c) of the Constitution could be construed disjointively to imply that INEC possesses the power to deregister parties.

On appeal to the Court of Appeal, Abuja, the appellate court, in its judgment in August 2020 said although INEC could de-register parties, it was wrong to have deregistered ACD and 22 other parties while their case was pending in court.

It is the decision of the Court of Appeal that INEC appealed at the Supreme Court, in an appeal marked: SC/485/2020 which has now been set for hearing on February 22.

 

 

 


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