INEC opposes hearing of anti-APC registration suit

The Independent National Electoral Commission at a Federal High Court in Abuja on Tuesday opposed the hearing of a fresh suit seeking the nullification of the registration of the All Progressives Congress as a political party. INEC urged Justice Gabriel Kolawole not to entertain the suit because the plaintiff had opted to withdraw its earlier application, which was the one the court scheduled for hearing on Tuesday. The earlier application was filed by Chief O. M. Ikegwuonu and 29 others. The plaintiffs are acting on behalf of the African Peoples Congress, a group which is contesting the APC acronym with the All Progressives Congress. The earlier application dated July 8, 2013, was filed before the All Progressives Congress was registered by INEC. The plaintiffs filed the fresh application dated May 15, 2014 after INEC had registered their rival All Progressives Congress. Explaining the reason behind the withdrawal of the earlier application, the plaintiff’s lawyer, Mr. Ikoro Ikoro, said the application, which sought to restrain INEC from registering APC as a party, had been overtaken by events. According to Ikoro, proceeding to hear the earlier application will amount to an academic exercise since the action it was seeking to restrain had taken place. “We wish to withdraw the application dated 8 July, 2013 for obvious reasons. This matter was pending in court but INEC went ahead to register the All Progressives Congress. So, it is no longer relevant,” Ikoro had told the judge. Expressing disappointment in INEC for going ahead with registering the All Progressives Congress despite being aware of a pending suit challenging the action, the plaintiffs’ counsel said the commission had violated Section 66(a) of the Constitution of the Federal Republic of Nigeria. “Section 66(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), stated clearly that when a suit is pending before the court, all parties in the matter should maintain status quo, awaiting the full determination of the suit by the court,” Ikoro said. Justice Kolawole subsequently struck out the application dated July 8, 2013 when the request to withdraw it was not opposed by INEC. Following the judge’s ruling striking out the application, Ikoro had urged the court to order the hearing of the fresh application, but the request was opposed by INEC’s counsel, Mr. Ibrahim Bawa. “We are in court today to argue the motion on notice that sought to restrain INEC from registering APC, which has been struck out,” Bawa said. Justice Kolawole then adjourned till July 3 for hearing of the plaintiff’s fresh application. The plaintiffs, are through their fresh application, praying the court to declare as illegal the registration of All Progressives Congress as a political party by INEC.