The Supreme Court of Nigeria, on Friday, upheld the de-registration of 22 political parties carried out by the country’s electoral umpire, the Independent National Electoral Commission, INEC.
The parties were among the 74 which were struck-off in 2020 by INEC following their mimimal performances in the previous elections.
Justice Ejembi Eko of the Supreme Court, while delivering judgment in an appeal instituted by INEC against the judgment of the Court of Appeal, set aside a judgment of the Court of Appeal, Abuja, which had nullified the de-registration.
He held that the Court of Appeal on its own raised the issue of lack of fair hearing in favour of the 22 scrapped parties and arrived at a conclusion without hearing from other parties in the matter.
“This appeal by INEC is meritorious and is hereby allowed. The decision of the court below is set aside.”
The Supreme Court noted that the Court of Appeal erred in law by raising the issue of fair hearing in favour of the political parties and declined to give opportunity to other respondents to address it on the matter in order to arrive at a just conclusion.
Justice Eko said that proceeding to the given judgment in such a situation as done by the Court of Appeal ran foul of the pillar of the same fair hearing and as such, its findings and conclusion cannot stand.
“It is not the basic functions of any court to raise a fundamental issue and come to the conclusion without being addressed by parties in the matter. Such action runs foul of the pillar of the fair hearing itself,” Justice Eko held.
Recall that 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 21 other parties sued at the Federal High Court 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 21 other parties while their case was still pending in court.
It is this decision by the Court of Appeal which INEC appealed at the Supreme Court.
E/Suzan O.
