Tag: De-registration

  • YDP seeks de-registration of YPP

    The Young Democratic Party (YDP) has asked the Federal High Court in Abuja to void the registration by the Independent National Electoral Commission (INEC) of Young Progressives Party (YPP), saying its name is similar to its own.

    The suit, with YDP and its Acting National Secretary, Iliyasu Mohammed Makaye (as plaintiffs), has INEC, its Chairman, Prof. Mahmood Yakubu, YPP and it’s National Chairman, Bishop Emmanuel Amakiri as defendant.

    The plaintiffs alleged that INEC breached Section 82(2)(a)(b)(c) of the 2010 Electoral Act (as amended) by registering YPP with “a similar acronym with YDP,  being an existing political party.”

    They want the court to declare the registration of YPP by INEC as unlawful, void and of no legal effect for non-compliance with provisions of the 2010 Electoral Act as amended.

    The plaintiffs urged the court to declare that the act of  registering YPP by the INEC and Yakubu was deliberate and aimed at frustrating their progress.

    In a supporting affidavit deposed to by YDP’s National Deputy Organising Secretary South, Nwachi Francis Nnali, the plaintiffs stated that the 2nd defendant ( Amakiri) was once a National Youth leader under the umbrella of YDP and was suspended and subsequently expelled from the party for anti-party activities.

    They accused INEC of conniving with Amakiri in registering YPP and alleged that INEC is aware that the 2nd defendant was expelled from YDP, because INEC was formally notified of the development.

  • De-registration of political parties is unconstitutional, says NCP chairman

    National Chairman of the National Conscience Party (NCP), Dr. Yunusa Tanko has said de-registration of political parties by the Independent National Electoral Commission (INEC)   is unconstitutional and a violation of the African Charter on Human and Peoples Rights(Ratification and Enforcement)Act .

    He has therefore asked that the provisions of Section 78(77)(ii) of the Electoral Act 2010 which empowered the INEC to de-register political parties on the basis of not winning any elected seat be abrogated from the statute book.

    Tanko stated this in Lagos last week at a world press conference held at  the  Jabita Intercontinental Hotel, Ikeja to celebrate the judgment of the Court of Appeal which stopped INEC from de-registering  NCP.

    A three-man judge of the Court of Appeal, made up of Justices Chinwe Eugenia Iyizoba, Joseph Shagbabor and Abimbola Osarugie Obaseki-Adejumo, had in a unanimous judgment had granted two out of the three prayers sought by the appellants and set aside the judgment of Justice Okon Abang of the Federal High Court delivered September 16, 2011.

    The judges of the Court of Appeal, in their judgement delivered July 24, 2015 had made a declaration to the effect   that “the provisions of Section 78(77)(ii) of the Electoral Act 2010, as amended (hereafter referred to as the Electoral Act) is inconsistent with Article 10of the African Charter on Human Rights(Ratification and Enforcement)Act Cap 10 Laws of the Federal Republic of Nigeria, as amended (hereafter referred to as “the Constitution”) and is ipso facto null and void and of no legal effect having regard to the provisions of section 1(3) of the Constitution”.

    They had also granted “a perpetual injunction restraining the third defendant(INEC) from further disbanding or deregistering the first plaintiff (NCP) or any other political party in Nigeria for that matter in breach of the provisions of the Constitution”.

    “In the final result, I hold that this appeal has merit. It is hereby allowed. The judgSment of Abang of the Federal High Court Lagos delivered on the 6th of March, 2013 is hereby set aside . in its place, reliefs 1 and 3 of the originating summons dated 14/411 are granted as prayed”, Justice Iyizoba had declared.

  • De-registration: Jega’s fresh battle

    De-registration: Jega’s fresh battle

    Those who deny freedom to others deserve it not for themselves
    – Abraham Lincoln

    The chairman of the Independent National Electoral Commission, INEC,Prof. Attahiru Jega has made good his promise to appeal the judgement of an Abuja High Court  that voided the deregistration of Rev Chris Okotie’s FRESH and 27 other political parties on Monday, July 29, 2013. The Commission wants to overturn this historic verdict by all means in order to keep these parties out of contention in the 2015 general elections. Clearly that is the logic.

    INEC officials were apparently stunned by the verdict of Justice G.O Kolawole which they had hoped would go their way after two previous judgements on a similar case in favour of the Commission over its unpopular deregistration of  the political parties. According to FRESH party officials, the appeal was expected and the party is equal to the task. Nigerians are watching  this case with keen interest because its outcome would have  a significant impact on our political landscape.

      If need be FRESH intends to carry the battle all the way to the Supreme Court, according to its chairman, Rev Okotie, who has also declared that his party’s fight is to establish the rule of law. However, political observers are wondering why INEC is investing so much energy in this deregistration process when we have a host of pending problems revolving around our crisis-ridden electoral process.

    As a run-up to the 2015 general  elections, one expects the ruling PDP  to  fully carry out the electoral  reforms recommended by the Uwais panel so that we do not end up with another flawed election, which several ethnic warlords have openly claimed is a do-or-die affair. INEC itself has, unfortunately not been able to discourage this primordial mindset; rather it is busy wasting tax payer’s money pursuing an appeal on a case that ought to be the least of its headaches, considering the enormous weight of problems now hanging like a sword of Damocles  on the electoral process.

     One of the major defects of the contentious Electoral Act 2012( as Amended) which Justice Kolawole’s ruling clearly addressed is the winner-takes-all mentality of our politicians. If winning a seat becomes the oxygen that keeps a party alive, elections invariably become a do-or- die contest to be fought by all means, legal or otherwise, so long as victory is secured. That ought not to be the style of the polity after all we have gone through on the road to getting our democracy to this level. Politics is not a military expedition. It is a contest of choice made in an orderly, peaceful and fair manner, devoid of intimidation and extraneous pressures.

    While nobody can deny INEC the right of appeal, the commission never gave that opportunity to the de-registered parties. The parties were tried, convicted and sentenced to death without being heard! Now, INEC is pursuing justice by this appeal forgetting that “those who deny freedom to others deserve it not for themselves”. There was no fair hearing on the steps taken by the Commission leading to the surprise announcement on December 6, 2012, that the 28 parties have ceased to exit.

    As one of those who applauded Prof. Jega’s appointment as INEC chairman, his posture and utterances since he assumed office have been disappointing, to say the least. There’s no gainsaying the fact that the very act of deregistration which he embarked upon with vigour is an anti-climax to the euphoria that greeted his appointment as the most popular election umpire in our history. His appointment was one of those excellent decisions made by President Goodluck Jonathan into sensitive public office in his embattled administration,or so we thought.

    Coming from the radical left; a former President of the Academic Staff Union of Universities. ASUU, Jega shouldn’t be the one seeking to protect the ruling cabal from competition from a new breed   class of politicians with radical tendencies. This is a matter of principle; the erudite Professor should actually have told Mr. Jonathan and his advisers that clamping down on young parties could impact negatively on our democratic experiment,and send wrong signals to the civilized world.

    I refuse to believe that Jega is one of those guys who use the ladder of radicalism to gain prominence and political office; and then upon  eating from the juicy morsel of the ruling cabal’s table, become an opponent of the very ideals they’d spent their entire life fighting  for. Our political system is notorious for its population of turncoats, hustlers, military apologists, former socialists and politicians of fortune who are as unprincipled as they come.

     What FRESH represents in this on-going battle is a change in the governing paradigm which certainly is what has been lacking in our polity since the collapse of the first republic. The old politicians or “Yesterday’s men” are still surprisingly entrenched in this country while their counterparts elsewhere have become dinosaurs that have long left the stage. In countries like Zimbabwe where such expired politicians as Robert Mugabe are still holding on to power, it is very easy to see why those countries are impoverished. Certainly, this is not the kind of scenario that Prof. Jega would like to see in  Nigeria no matter how close we are to it.

    •Dawudu wrote from Abuja

  • Party de-registration: Retired police boss faults INEC

    A chieftain of the Peoples Democratic Party (PDP), Azubukor Joel Udah, has faulted reasons given by the Independent National Electoral Commission (INEC) for the deregistration of 28 political parties.

    Udah, a lawyer and retired Deputy Inspector-General of Police (DIG), noted that party performance should not be the basis for determining its strength or viability, adding that there was nothing wrong in having community-based political parties.

    Although Udah accepted the allegation that most of the registerd parties were conduit pipes for INEC funds, he insisted that deregistration should be based largely on gross violation of INEC laws “and not for failing to win seats at elections as was adduced by Prof Attahiru Jega in the case of the 28 deregistered parties.”

     

     

     

     

     

  • De-registration: Balarabe blasts Jega, says he’s a budding fascist

    De-registration: Balarabe blasts Jega, says he’s a budding fascist

    The National Chairman of the Conference of Nigerian Political Parties (CNPP), Alhaji Balarabe Musa, yesterday said the 28 opposition parties, which were de-registered by the Independent National Electoral Commission (INEC), will go to court.

    He also described Jega as a budding fascist who Nigerians should watch on 2015 general elections.

    He described the deregistration of parties by INEC as part of a hidden agenda to exclude some parties from the 2015 poll.

    Musa, who spoke exclusively with our correspondent, said the deregistration cannot stand in the light of Section 40 of the 1999 Constitution.

    He said the struggle has just started and the affected parties will resist the decision of INEC.

    He said: “By virtue of Section 40 of 1999 Constitution and Section 78 of the Electoral Act, INEC cannot deregister political parties; it does not have the right. We have an application in court to stop INEC from deregistering parties.

    “The case was expected to come up in Lagos on Friday but INEC on Thursday night announced the de-registration of parties.

    “Why can’t INEC wait for the outcome of the ongoing case in the court? Why was Jega in hurry to de-register parties in what amounted to a pure case of subjudice.

    “The deregistration is unacceptable, We will meet next week and consult on the next line of action. But we will certainly go to court, the deregistration cannot stand.”

    Responding to a question, Balarabe added: “The aim of INEC is to make the Peoples Redemption Party (PRP) and others to merge with other parties by force. They want parties that do not threaten the government of the day to exist. They want to mess us up for selfish reasons.

    “This government is a neo-colonialist and capitalist, and it will do anything to undermine parties that are committed to socialism, human rights, equality and positive transformation of the country.

    “They are talking about privatisation; they are after minimal participation in party politics and governance. That is why they do not want opposition parties to exist.”

    Musa expressed regrets that INEC is allowing itself to be used by the government to achieve a pre-determined agenda.

    He said: “Of course, INEC has always been used. Nigerians should watch it; Jega is becoming a budding fascist, a growing fascist. He has graduated from being a radical academician to a budding fascist. This tendency of Jega is a sign of what the nation should expect in 2015 elections.

    “Few days ago, Jega sent proposals to the National Assembly seeking powers for INEC to disqualify candidates from participating in election from 2015. We all knew how disqualification of candidates marred our electoral process in the past but INEC refused to learn from this bitter experience.

    “But barely some days after seeking more powers which have not been granted, Jega is going further to de-register parties. So, this man has become a budding fascist. He has joined them.”

    Musa also claimed that the deregistration is part of a “hidden agenda” towards 2015 poll.

    He said: “It is all part of the 2015 agenda. It started in 2011. They do not want credible opposition parties to be part of the nation’s political process.

    “I want to appeal to Nigerians to pay more attention to the activities of INEC or else 2015 poll would have been concluded before it is conducted.”

    Musa, who went down memory lane, said deregistration was not knew to his party, the Peoples Redemption Party (PRP).

    He added: “The struggle of the PRP is a protracted one. Our party has suffered many deregistration in the past but we have survived it. We will survive this latest coercion too.

    “As for me, I had gone through this mess before. I could discern when any government is out to dictate to Nigerians how the party structure should be. There is an agenda to restrict the political landscape before 2015. In 1989, when the process was initiated to form political parties, we formed the Peoples Liberation Party (PLP) but the government was uncomfortable because it had its own agenda.

    “The government was surprised because we knew that the then military regime wanted a two party system. I was arrested and sent to prison for five months. I was not released until two days to the formation of the defunct Social Democratic Party (SDP) and the National Republican Convention (NRC).”

    Some chieftains of the 28 parties affected by the deregistration exercise also described it as a violation of their human rights.

    The National Chairman of National Conscience Party (NCP), Dr Yunisa Tanko, told the News Agency of Nigeria (NAN) that INEC should be charged for contempt of court.

    He added that the de-registration of the parties was also an infringement of their fundamental human rights.

    Tanko said there was an on-going court case in a Lagos High Court between INEC and NCP and many other political parties on the de-registration of political parties.

    He said that INEC was not above the law, adding that the judiciary must be respected to ensure the rule of law.

    “Injury to one is injury to all, Nigerians are now being disenfranchised by INEC. This is unacceptable. The law court will interpret this again,” he said.

    The Fresh Democratic Party, led by Pastor Chris Okotie, described the deregistration as a rude shock, adding that the action is undemocratic.

    The party, in a press release signed by its Director, Media and Publicity, Ladi Ayodeji, condemned INEC and described its action as an affront on the constitution of the country. While laying the blame for INEC’s action on the PDP, the Party promised to challenge the deregistration in court.

    Part of the statement said: “It is an affront on the constitution of the Federal Republic of Nigeria and the decision of the Court of Appeal on the vexed issue.

    “We condemn and reject this unilateral and anti-democratic action which is designed to further shut out the opposition from the democratic space, and we would seek legal redress for this injustice in the court of law.

    “ It is obvious that the ruling party, the PDP, is afraid of the growing stature and acceptability of our party and therefore uses this arm twisting tactic to remove our party from the list.

    “It is unheard of that a ruling party will unilaterally decide that the size, spread and strength of opposition parties should be the basis of their existence, when the constitution provides for freedom of association of groups or persons of diverse creed or political persuasions and philosophies.”

    Mr Charles Nwodo, National Chairman of Progressive Action Congress (PAC), said the action of INEC was a “mockery of the nation’s democracy.’’

    Nwodo said it was “so unfortunate” that there was no brainstorming session between INEC and the chieftains of the affected political parties before the commission took the decision.

    He said that since most of the affected political parties had their cases in court over the deregistration, INEC should have allowed court to decided before de-registering the parties.

    “We are going to test our strength again at the court of law, it is against the law of the land and undemocratic to de-register 28 parties. Who knows how many will follow?” he said.

  • ‘De-registration of political parties a contempt of court’

    ‘De-registration of political parties a contempt of court’

    A cross section of party chieftains affected by the de-registration of 28 political parties by the Independent National Electoral Commission on Friday in Abuja described the exercise as human rights violation.

    Reacting to the development, National Chairman, National Conscience Party (NCP), Dr. Yunisa Tanko, told the News Agency of Nigeria that INEC should be charged for contempt of court.

    He added that the exercise was also an infringement on the fundamental human rights of citizens and against the laws of Nigeria.

    Tanko said that there was an on- going court case in a Lagos High Court between INEC and NCP and many other political parties on the issue.

    He said that INEC was not above the law, adding that the judiciary must be respected to ensure the rule of law.

    “Injury to one is injury to all, Nigerians are now being disenfranchised by INEC, this is unacceptable, the law court will interpret this again,” he said.

    The National Chairman PAC, Mr. Charles Nwodo, said that the INEC action was a “mockery of the nation’s democracy.”

    Nwodo said it was “so unfortunate” that there was no brainstorming session between INCE and the chieftains of the affected political parties before the commission took the decision.