The INEC/Fresh Party tangle

Editorial

For some weeks now, the matter of the refusal of the Independent National Electoral Commission (INEC) to reverse its deregistration of the Fresh Democratic Party (FDP), despite a court ruling to that effect, has been generating ripples in political and legal circles in the country.

The FDP, formed by musician turned cleric, Pastor Chris Okotie, had approached the Federal High Court 5 in Abuja to challenge its deregistration by the electoral agency in December 2012. The court, presided over by Justice Gabriel Kolawole, upturned the  deregistration in a landmark verdict on July 29, 2013, giving FDP the right to participate in subsequent elections.

INEC, probably relying on the fact that other deregistered political parties which earlier took it to court lost the battle to make the court overturn their deregistration, ignored the ruling on FDP. Instead of vacating its delisting  of FDP, it merely sounded notice of its plan to appeal the Abuja High Court judgement, but failed to follow it through.

Since that time, contradictory statements have been emanating from INEC on the registration status of FDP, even as other registered parties prepare to hold primaries. The recent cloudy pronouncement by INEC’s South- West national commissioner, Prof. Lai Olurode, that all deregistered parties should seek re-registration to be able to participate in the 2015 elections is also not helping matters. There is no reason why a party like FDP which has a subsisting court order that mandates INEC to restore it to its former status as a registered political party should have to undergo another registration process. And, INEC should be clear on the status of the party on this matter.

The strange silence of INEC on this matter has since become resounding, and it has become necessary to hold INEC chairman, Prof. Attahiru Jega, to account, on this apparent flagrant disregard of the court order on FDP. The situation, which is being interpreted in some quarters as a sign of his disdain for the deregistered parties, is unhealthy for our democracy. If INEC has anything against the court order to have FDP continue as a registered party in the country, it must go to a higher court to vacate it,. The present rigmarole on this matter is not in the best interest of justice and fair play in the country.

For us, the controversy on FDP is needless. Justice Kolawole, in his ruling, was unequivocal that INEC had no power to deregister any political party. He proclaimed that the idea of deregistration of a political party is “strange” and “alien” to the Constitution of the Federal Republic of Nigeria. He averred further that “when section 78(7) (ii) of the Electoral Act 2011 is considered alongside Section 222 of the Constitution, which sets out the qualifications for the registration of political parties “it would appear that the legislative decision of the National Assembly to limit political parties to only those that won state and national elections is nothing but an arbitrary rule of the thumb.” Although INEC had said the 28 parties were axed from the register of political parties for failing to meet certain registration requirements, it apparently failed to convince the court that FDP failed to meet the specifications required to exist as a political party in Nigeria, which are listed in Section 222 of the Constitution, thereby necessitating its deregistration

Our view is that it is wrong to delist any political party which has not been proven to have failed the criteria for registration of political parties in the constitution.  It is also wrong to deregister parties because they did not win any elective position, since this is not demanded as a condition for their continuing existence as parties in the constitution. Moreover, a party that does not win any elective office now can win even the presidency in future elections, if it gets its acts right.

On the FDP affair, it is common knowledge that any pronouncement of a court on a matter is law, unless it is appealed against and set aside by a higher court, or a stay of execution is obtained. In the present instance, INEC is neither known to have appealed the court ruling on FDP, obtained a stay of execution nor implemented the court verdict. This is a decidedly untidy situation that does not portray the electoral agency as a respecter of the rule of law. Certainly, INEC cannot be above the law. Even if the ruling of the Abuja court in the FDP suit was delivered in error, it is only a superior court that can vacate it.

Our submission on this matter is that it is only a court of law that can interpret Section 222 of the constitution and deregister a party when necessary, if it is approached by INEC to do so. The electoral agency has no authority to do that.

All agencies of government should be subordinate to the constitution and the courts. Whatever are INEC’s grievances with the deregistered parties, especially FDP that has a court ruling against its deregistration, let it go to a higher court to vacate Justice Kolawole’s ruling. An agency that is charged with the conduct of elections in the country should not be seen to be operating with impunity.

Source: The Sun Newspaper

posted by Crescent University Mirrow (Editorial Team)