New Telegraph

Rise and fall of fringe parties

Deregistration: Supreme Court dents hope for deregistered parties

 

FELIX NWANERI reports on the recent ruling by the Supreme Court, which has sealed the fate of the 74 political parties deregistered by the Independent National Electoral Commission (INEC) in February 2020 over non-performance

 

Nigeria’s political landscape has witnessed astronomic rise in the number of political parties since 1999, when the country returned to civil rule after long years of military dictatorship.

 

From three parties – Alliance for Democracy (AD), All Peoples Party (APP) and Peoples Democratic Party (PDP), the number rose to 92 within 20 years. While the number of parties kept growing, there was no doubt that most contributed little or nothing to the democratic process.

 

This, perhaps, explained why the Independent National Electoral Commission (INEC), kept deregistering some them over poor performance. In 2011 for instance, the electoral commission deregistered seven political parties – 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).

 

 

This brought down the number of registered political parties at that time from 63 to 56. INEC took the action over failure of any of the parties to win a seat either in the state House of Assembly or National Assembly elections that held that year.

 

The decision was pursuant to Section 78 (7) of the Electoral Act 2010, which specifically confers on the electoral commission, the power to deregister any political party that breaches its registration requirement(s) or fails to secure a legislative seat in either the state or federal legislature.

 

The section states: “The Commission (INEC) shall have powers to deregister political parties on the following grounds: (i) breach of any of the requirements for registration, and (ii) for failure to win a seat in the National Assembly or State Assembly election.”

 

An Onitsha-based human rights lawyer, Jezie Ekejiuba, however, challenge the electoral umpire’s decision to deregister the seven parties at a Federal High Court sitting in Awka, Anambra State, on the ground that the action was unconstitutional. The court presided by Justice J. Ojukwu, in its judgement, dismissed the suit for lack of merit, saying that INEC had the power to deregister political parties under the Nigerian constitution.

 

But, dissatisfied with the judgement, Ekejiuba headed to the Court of Appeal, Enugu Division, to challenge the verdict. The appellate court, in a unanimous judgement delivered by Justice Tom Yakubu on behalf of other concurring justices – Rita Pemu and Omodere Bolaji-Yusuf – in 2016, set aside the lower court’s judgement and ordered the restoration to life of all the seven deregistered parties.

 

Despite the judgement of the appellate court, another batch of parties was deregistered by INEc in 2012. Among the parties were Peoples Redemption Party (PRP), Peoples Progressive Party (PPP) and Better Nigeria Progressive Party (BNPP). Similar to the deregistration exercise of 2011, the sack was also as a result of the fall out of the 2011 general election in which more than 95 per cent of the 63 registered political parties at that time put up a poor showing.

 

The affected parties, however, challenged INEC’s action in court and Justice Adeniyi Ademola of the Federal High Court in Abuja, who ruled on the matter in 2015, held that the parties were deregistered without being given fair hearing.

 

The judge also declared as unconstitutional, invalid, null and void, the provisions of section 78(7)(ii) of the Electoral Act 2010, which INEC relied on to deregister the parties.

 

According to Justice Ademola, the section was inconsistent with provisions of sections 1(3), 40 and 221 to 229 of the 1999 Constitution, which guarantee the rights on Nigerian citizens to freely join lawful assembly, trade unions and to belong to any political party of their choice.

 

It would be recalled that in the 2011 national and state Assembly elections, only 10 political parties were able to win at least one seat in the Senate, House of Representatives and state Houses of Assembly.

 

The parties were Peoples Democratic Party (PDP), All Nigerian Peoples Party (ANPP), All Progressives Grand Alliance (APGA), Congress for Progressive Change (CPC), Accord Party (AP), Action Congress of Nigeria (ACN), Labour Party (LP), Democratic Peoples Party (DPP), Allied Congress Party of Nigeria (ACPN), Kowa Party and the Progressive Peoples Alliance (PPA).

 

In the presidential poll, only 20 of the 63 parties participated, as many of them either endorsed the candidacy of then President Goodluck Jonathan of the PDP or General Muhammadu Buhari of CPC (now defunct) and Mallam Ibrahim Shekarau of ANPP (also defunct).

 

The same scenario also played out in almost all the states of the federation during the governorship election. It is also worthy to point out that nine of the parties did not field candidates for the elections.

 

Constitution empowers INEC

 

Whereas the various court judgements that nullified previous deregistration of parties by INEC were based on lack of constitutional power as the constitution is superior to the Electoral Act, which the commission relied on to take such actions, section 225A of the Fourth Alteration of the 1999 Constitution, filled the gap.

 

This section of the constitution empowers INEC to deregister parties on the following grounds – breach of any of the requirements for registration as a political party; failure to win at least 25 per cent of the votes cast in one state of the federation in a presidential election or 25 per cent of the votes cast in one local government area of a state in a governorship election; and failure to win at least one ward in a chairmanship election, one seat in the National or State Assembly election or one seat in a councillorship election.

 

74 parties axed

 

 

It was based on section 225A of the Fourth Alteration of the 1999 Constitution, that INEC wielded the big stick on 74 out of the country’s 92 registered political parties in February 2020.

 

Among the affected parties were Advanced Allied Party (AAP), All Blending Party (ABP), Advanced Congress of Democrats (ACD), Allied Congress Party of Nigeria (ACPN), Alliance for Democracy (AD), All Grassroots Alliance (AGA), All Grand Alliance Party (AGAP), Advanced Nigeria Democratic Party (ANDP),

 

Alliance for New Nigeria (ANN), Alliance National Party (ANP), Abundant Nigeria Renewal Party (ANRP), African People Alliance (APA), Advanced People’s Democratic Alliance (APDA), Alternative Party of Nigeria (APN), Alliance of Social Democrats (ASD), Alliance for United Nigeria (AUN) and Better Nigeria Progressive Party (BNPP).

 

The list further had Change Advocacy Party (CAP), Coalition for Change (CC), Change Nigeria Party (CNP), Congress of Patriots (CP) Democratic Alternative (DA), Democratic People’s Congress (DPC), Democratic People’s

Party (DPP), Fresh Democratic Party (FDP), Freedom and Justice Party (FJP), Grassroots Development Party of Nigeria (GDPN), Green Party of Nigeria (GPN), Hope Democratic Party (HDP), Independent Democrats (ID), Justice Must Prevail Party (JMPP), Kowa Party (KP), Liberation Movement (LM) and Legacy Party of Nigeria (LPN).

 

Also on the list were Mass Action Joint Alliance (MAJA), Modern Democratic Party (MDP), Masses Movement of Nigeria (MMN), Mega Party of Nigeria (MPN), Movement for the Restoration and Defence of Democracy (MRDD), National Action Council (NAC), Nigeria Community Movement Party (NCMP), National Conscience Party (NCP), Nigeria Democratic Congress Party (NDCP), National Democratic Liberty Party (NDLP), Nigeria Elements Progressive Party (NEPP), Nigeria For Democracy (NFD), New Generation Party of Nigeria (NGP), National Interest Party (NIP) and Nigeria People’s Congress (NPC).

 

The rest were New Progressive Movement (NPM), National Unity Party (NUP), People’s Coalition Party (PCP), People for Democratic Change (PDC), People’s Democratic Movement (PDC), Progressive Peoples Alliance (PPA), Providence Peoples Congress (PPC), Peoples Party of Nigeria (PPN), Peoples Progressive Party (PPP), People’s Trust (PT), Reform and Advancement Party (RAP), Re-Build Nigeria Party (RBNP), Restoration Party of Nigeria (RPN), Save Nigeria Congress (SNC), Sustainable National Party (SNP), Socialist Party of Nigeria, United Democratic Party (UDP), United Patriots (UP), United Peoples Congress (UPC), Unity Party Of Nigeria (UPN), United Progressive Party (UPP),

 

We the People Nigeria (WPN), Young Democratic Party (YDP), Electorate Solidarity (YES) and Youth Party (YP). Interestingly, AD was one of the three political parties registered by the military in 1998.

 

Before its fortune dwindled in 2003, the party was in control of six states in the South-West and had elected members at both the state and National Assemblies. A faction of it, however, joined the Action Congress of Nigeria (ACN), one of the four political parties that merged in 2013 to become the All Progressives Congress (APC).

 

Electoral umpire justifies action

Chairman of INEC, Prof. Mahmood Yakubu, who explained how the commission arrived at the decision to deregister the parties, said it was based on their respective performance in the 2019 general election, courtordered polls and Area Council elections in the Federal Capital Territory (FCT).

His words: “In order to implement the provision of the Fourth Alteration to the Constitution, the commission carried out an assessment of political parties to determine compliance with the requirements for their registration. “Similarly, following the conclusion of the 2019 general election, including court-ordered re-run elections arising from litigations, the commission was able to determine the performance of political parties in the elections.

 

“In addition, they were also assessed on the basis of their performance in the Area Council elections in the Federal Capital Territory (FCT) which coincided with the 2019 general election. It should be noted that the FCT is the only part of the country, where INEC is empowered by the constitution to conduct local government elections.”

 

According to the INEC chairman, only 18 parties fulfilled the requirements for existence based on Section 225A of the 1999 Constitution (as amended). They are Accord Party (A), Action Alliance (AA) African Action Congress (AAC), African Democratic Congress (ADC), African Democratic Party (ADP), All Progressives Congress (APC), All Progressives Grand Alliance (APGA) and Allied Peoples Movement (APM).

 

Others are Labour Party (LP), New Nigeria Peoples Party (NNPP), National Rescue Movement (NRM), Peoples Democratic Party (PDP), Peoples Redemption Party (PRP), Social Democratic Party (SDP), Young Progressive Party (YPP) and Zenith Labour Party (ZLP). Results of the 2019 elections showed that political parties, which secured elective seats after the polls are APC, PDP, APGA, ADC, PRP, AA, SDP, YPP and LP.

 

Although Yakubu noted that 75 political parties did not satisfy the requirements of the Fourth Alteration to the constitution, he said one of them – Action Peoples Party (APP) – filed a suit in court and obtained an order restraining the commission from deregistering it. This, according to him, means that the party remains registered pending the determination of the case by the court.

 

“The new political party, Boot Party (BP), registered by court order after the 2019 general election will also continue to exist. Accordingly, 74 political parties are hereby deregistered. With this development, Nigeria now has 18 registered political parties,” he declared.

 

Another journey to the courts

 

As expected, the electoral umpire’s action was trailed by mixed feelings. While some political stakeholders and even senior hailed INEC’s action, others reasoned that it was part of the plot to suppress opposition and limit the political space.

 

Those who supported the move maintained that the number of political parties should further be reduced because the huge number makes it possible for all manner of people to contest elections.

 

They further opined that deregistration of non-performing parties will minimize wastage of materials as well as make it easy for the electorate to vote for parties of their choice during elections. This, they justified with the number of voided votes during the last general election.

 

On the other hand, those who reasoned that the action was taken to restrict the country’s political space and shut out popular participation, maintained that a general election, which its outcome was skewed in favour of some political parties, cannot be a basis to judge the popularity or otherwise of other parties and as a result should not be used as a yardstick to determine which party stays and which goes out of the political scene.

 

 

On their part, most of the affected parties headed for the courts to upturn their respective deregistration. The legal battle that ensued traversed the various levels of courts. Ruling on one of the suits, a Federal High Court sitting in Abuja, held that the power of INEC to deregister political   parties is sacrosanct.

 

The court presided by Justice Anwuli Chikere, in its judgement, held that Section 225(a) of the Constitution gives INEC the powers to deregister parties that failed to comply with the provisions of the constitution.

 

No fewer than 32 out of the 74 deregistered political parties had approached the court seeking an order to set aside the decision of INEC, but the court refused their prayer and upheld the constitutional powers of INEC to deregister political parties. Justice Chikere, in her judgement, held that the parties failed to state sufficient facts to support their claims, while stating that where a provision of the law is unambiguous, it ought to be given its simple interpretation hence Section 225(a) of the Constitution is clear and unambiguous and should be interpreted in support of the deregistration done by INEC.

 

The judge also vacated the earlier injunction granted to the parties and dismissed their suit in its entirety. The parties had filed a suit to restrain INEC from carrying out the exercise, when they learnt about the plans of the commission. Justice Taiwo Taiwo of the same court in Abuja, had earlier in two separate judgements, also upheld the same powers of INEC.

 

The judge affirmed deregistration of the National Unity Party and the Hope Democratic Party by the electoral commission. It was however momentary reprieve for the affected parties, when the Court of Appeal, Abuja, on August 10, 2020, ordered INEC to re-list 22 out of the 74 political parties it had earlier deregistered.

 

Delivering judgement on an appeal by the 22 parties against an earlier judgement of the Federal High Court, which upheld INEC’s action, a panel of the appellate court led by its president, Justice Monica Dongban-Mensem, unanimously overturned the judgement of the lower court.

 

The court held that INEC ignored due process in exercising its powers under section 225(a) of the constitution (as amended). It noted that the parties had already filed their suit at the lower court, which was yet to be determined before their deregistration. Also, the appellate court held that INEC failed to give reasons to the parties on why they could no longer exist.

 

According to the court, section 40 of the constitution gives citizens the right to the freedom of association, and as such, the right conferred on a political party cannot be taken away except in accordance with the provisions of the law and due process. Justice Dongban-Mensem further held the appellants did not challenge INEC’s powers as enshrined on section 225(a) of the constitution but the process through which they were deregistered.

 

Reacting then to the judgement of the appellate court, one of the deregistered parties, Socialist Party of Nigeria (SPN), in a statement by Abiodun Bamigboye and Chinedu Bosah, its Acting National Chairperson and National Secretary, respectively, however, urged the affected parties to get ready to go the whole hog in challenging the infringement on their democratic right.

 

The statement read in part: “Given the intensifying crisis of capitalism and the continued loss of legitimacy of the ruling All Progressive Congress (APC) and the Peoples Democratic Party (PDP) in the eyes of long-suffering workers and youth, the capitalist ruling elite will stop at nothing to ensure that a political party that professes socialism is off the ballot.

 

This is because of their mortal fear that such a party could easily gain the support of the mass of the people given the level of anger that exists in Nigeria as a result of the obvious failure of governments at all levels.

 

“Therefore, it should not come as a surprise if INEC which is acting the script of the bourgeois ruling elite, embarks on a journey to the Supreme Court, with a view to reverse this judgement. We therefore, enjoin members and supporters to continue to hold the forte and not relent.’

 

Supreme Court dents relisting hope

 

As envisaged by SPN, INEC in a swift reaction to the judgement of the Court of Appeal said it will challenge the verdict on the ground that the appellate court gave two conflicting judgments. National Commissioner in charge of Voter Education and Information, Barr. Festus Okoye, who disclosed the decision then, said the same Court of Appeal in another judgement had upheld the commission’s power to deregister parties.

 

His words: “It is in the interest of the electoral process for both matters to be consolidated.

 

The electoral process will be better served through a final resolution of the issues in the deregistration of political parties. It will also enable the commission to stand on firm grounds rather than pick and choose which between two conflicting decisions it should obey.

 

“On the July 29, the Court Appeal, Abuja Judicial Division, delivered judgement in the appeal filed by the National Unity Party (NUP) challenging the powers of the Independent National Electoral Commission (INEC) to deregister it and other political parties.

 

“In the originating summons, the National Unity Party sought a declaration that the commission does not have the power under Section 225A of the constitution to deregister the National Unity Party or any other political party for failure to win any of the offices mentioned in section 225A of the constitution or score a certain percent of the votes mentioned therein.”

 

While the apex court is yet to rule on INEC’s appeal against the judgement in favour of the 22 parties, While INEC subsequently appealed against the judgement of the appellate court in favour of the 22 parties and the matter still pending, the apex court, last Friday, affirmed the commission’s power to deregister parties in its judgement on an earlier appeal filed by one of the 74 deregistered parties, NUP, which challenged the July 29, 2020 verdict of the Court of Appeal that upheld its deregistration by the electoral body. A member of the court’s sevenman panel,

 

Justice Chima Nweze, who delivered the lead judgement, held that INEC rightly exercised powers conferred on it by the Constitution and Electoral Act in deregistering the party.

 

Stakeholders react

 

Reacting to the judgement of the Supreme Court, president of the Inter Party Advisory Council, Dr. Leonard Nzenwa, said the verdict has ended speculations on the status of the parties and will aid INEC to focus on critical issues in preparation for delivering credible, free and fair elections in 2023.

 

Also speaking, the Council of Nigerian Ethnic Youth Leaders called on the National Assembly to quickly amend the Constitution and Electoral Act to stop further registration of more political parties as the 18 remaining parties should be enough to satisfy all political tendencies in the country.

 

One of the affected parties, ANRP, however believes that it is not over yet. The party’s spokesperson, Sesugh Akume, who expresses optimism maintained that ANRP’s license as a political party would be restored in no distant time.

 

 

According to him, the judgement did not seal the fate of all the parties seeking redress in court over their respective deregistration.

His words: Whereas the ANRP is yet to read the judgement, it is important to note that the basis on which the party in question approached the courts is patently different from the grounds on which ANRP is before the Court of Appeal challenging its wicked and unjust deregistration.

 

The Supreme Court judgement, therefore, cannot be applicable to ANRP. “Second, it would be recalled that 22 other political parties got a favourable judgement at the Appeal Court, which INEC has appealed at Supreme Court and the matter is ongoing. As of today these 22 political parties by virtue of the Court of Appeal judgement are validly registered political parties unless declared otherwise by the Supreme Court when the case is concluded.

 

“For emphasis, the grounds of ANRP’s matter at the Court of Appeal centre more on the right to fair hearing denied the party and other egregious errors in the judgement of the trial court, and not about INEC’s powers to deregister political parties as with the case the Supreme Court has concluded.”

 

No doubt, it is the wish of most Nigerians that the number of political parties is pruned but the last is yet to be heard on the issue as last Friday’s judgement is not yet a total validation of the deregistration of all the 74 political parties. INEC still has the hurdle of its appeal against the 22 other parties to scale.

Read Previous

AbdulRazaq: Nobody’ll be excluded from APC in Kwara

Read Next

Buhari, Nigeria’s healthcare and COVID remedies (6)

Leave a Reply

Your email address will not be published. Required fields are marked *