The INEC/deregistered parties’ tango

For some time running, a political party, the Fresh Democratic Party, has been engaged in a dispute with the Independent National Electoral Commission (INEC) arising from the Commission’s refusal to recognise its existence despite a court verdict which nullified its de-registration by the Commission.  Recently, the party threatened to seek an injunction to stop INEC from conducting the 2015 general elections due to its non-inclusion in the just-concluded Anambra gubernatorial election, its grouse being that its members in the state who were interested in contesting were disappointed that the FDP was missing on the ballot.

ADVERTISEMENT

The Commission had, on December 6, 2012, announced the de-registration of a total number of 28 political parties, including the African Liberation Party (ALP), National Minority Democratic Party, (NMDP), National Solidarity Democratic Party (NSDP), Progressive Action Congress (PAC), Peoples Salvation Party (PSP), People’s Redemption Party (PRP), National Reformation Party (NRP), Fresh Democratic Party (FDP), National Advance Party (NAP), Democratic Peoples Alliance, among others. A statement by the INEC’s Secretary, Abdullahi Kaugama, indicated that it deregistered the 28 parties “in the exercise of the powers conferred on it by the 1999 Constitution as amended, and the Electoral Act 2010 (as amended).” Similarly, the Commission’s Chairman, Professor Attahiru Jega, justified the deregistration of the affected parties, citing the provisions of Section 78 (7) (ii) of the Electoral Act 2010, as amended. He said: “We have taken the decision to deregister 28 parties and as far as we are concerned, we have acted legally. Of course, many political party chieftains, especially of those deregistered, were not happy and we understand that some of them have gone to court. We are law abiding and we will await whatever judgement
that will be made.”
However, sequel to a suit filed by the FDP, Justice Gabriel Kolawole of the Federal High Court sitting in Abuja, in a landmark ruling on July 29, 2013, held that the concept of deregistration of political parties is strange to the 1999 Constitution. “The statutory powers conferred on the first defendant (INEC) can be described as ministerial but when such power concerns deregistration of political parties, it becomes a quasi judicial power because after registration, a political party becomes a legal entity and acquires a legal right and a decision to take away such legal right without a hearing, according to Section 78 (7) (ii) of the Electoral Act 2010 as amended, is hereby declared null and void insofar as the Ist defendant (FDP) was not heard before the decision was taken, the said decision is null and void. INEC’s decision dated December 6, 2012 is declared invalid and set aside,’’ he said. Jega, on his part, said plans were underway to appeal the judgement.
At all times, and particularly given the forthcoming governorship polls in Osun and Ekiti states, INEC should be seen to be operating within the ambit of the law. Certainly, refusing to re-register parties as ordered by the court of law takes its case too far, and approaches a level of whimsical lawlessness. This is, to say the least, unfortunate in a participatory democracy which is still struggling to overcome the hangovers of its military roots. What message does the INEC intend to pass across to Nigerians by refusing to abide by court judgements, except in cases where it had actually gone on to appeal such judgements? Indeed, was Professor Jega’s post-deregistration submission in 2012, “We are law abiding and we will await whatever judgement that will be made,’’ an empty rhetoric? Has the Commission obtained the judgement of a higher court nullifying the judgement of the Federal High Court?
More than ever before, INEC should, as the nation approaches the 2015 general election, strive to be seen as an impartial umpire. There is however a key challenge for the FDP and other seemingly less-fancied political parties in the country. They should strive to justify their inclusion in the ballot. They should show Nigerians that their desire for inclusion on the ballot is not just for the fun of it, or for the pecuniary motive of profiting from the grants which such an existence guarantees.  Certainly, INEC cannot, at great expenses to the taxpayer, continue printing long ballot papers filled with dead woods. Still, the continued non-recognition of the FDP and the other deregistered parties is unjustifiable, and should be reversed forthwith.