A Federal High Court in Abuja has held that the Independent National Electoral Commission, (INEC) possesses the power to de-register political parties.
In a judgment yesterday, Justice Taiwo Taiwo said the INEC is empowered under the Constitution to de-register political parties that failed to meet provisions of Section 225(a) of the Constitution.
The judgment was delivered in a case instituted by the Hope Democratic Party (HDP) which queried the recent decision by the INEC to de-register it and some other political parties.
Justice Taiwo said the HDP fell short of the requirements under Section 225(a) of the Constitution, and that the party also failed to convince the court that the INEC’s decision to de-register it, as a political party, was unlawful.
The judge was of the view that since it is a legal principle that he who asserts must prove, the plaintiff was under the obligation to prove that the INEC acted unconstitutionally by de-registering it as a political party.
Justice Taiwo noted that the plaintiff did not only fail to prove its case, “the case of the plaintiff is weak and as such, it cannot be granted the reliefs sought.
“The plaintiff has the onus to prove its case, but has failed to show to the court that it met the requirements of Section 225(a) of the Constitution.
“The plaintiff ought to give particulars of malice when it alleged that it was de-registered out of malice. The court is not a Father Christmas to grant reliefs that have not been sought.
In a judgment yesterday, Justice Taiwo Taiwo said the INEC is empowered under the Constitution to de-register political parties that failed to meet provisions of Section 225(a) of the Constitution.
The judgment was delivered in a case instituted by the Hope Democratic Party (HDP) which queried the recent decision by the INEC to de-register it and some other political parties.
Justice Taiwo said the HDP fell short of the requirements under Section 225(a) of the Constitution, and that the party also failed to convince the court that the INEC’s decision to de-register it, as a political party, was unlawful.
The judge was of the view that since it is a legal principle that he who asserts must prove, the plaintiff was under the obligation to prove that the INEC acted unconstitutionally by de-registering it as a political party.
Justice Taiwo noted that the plaintiff did not only fail to prove its case, “the case of the plaintiff is weak and as such, it cannot be granted the reliefs sought.
“The plaintiff has the onus to prove its case, but has failed to show to the court that it met the requirements of Section 225(a) of the Constitution.
“The plaintiff ought to give particulars of malice when it alleged that it was de-registered out of malice. The court is not a Father Christmas to grant reliefs that have not been sought.
“The defendant has the powers to de-register political and the defendant was right to have de-registered the plaintiff having failed to meet the requirements of a political party.”
This is the second time the judge is affirming the INEC’s right, under the Constitution, to de-register political parties.
Justice Taiwo had, in a judgment on May 28 this year, held a similar view in the suit by the National Unity Party (NUP), one of the 74 parties de-registered by the INEC in February this year.
He held that the de-registration of the NUP, as a political party in Nigeria, was lawfully done by the INEC in accordance with powers vested on it under Section 225(a) of the Constitution.
The judge also held that the NUP failed to show that the exercise of its powers to de-register the party was at variance with the law and also ultra vires its powers.
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