BREAKING: Court Nullifies De-Registration Of Political Parties By INEC

The decision of the Independent National Electoral Commission (INEC) to de-register some political parties for non-performance has been nullified by the Federal High Court in Abuja on Monday.

The court restrained INEC from deregistering 31 political parties.

Justice Anwuli Chikere, in a ruling, said INEC having failed to oppose the application by the applicants, the affected political parties had the legal right which must be protected.

The court restrained INEC from deregistering the political parties on the basis that the defendants failed to respond to the motion filed by the parties.

Two other parties (Labour Party and  African Democratic Congress) who were not deregistered also served as plaintiffs in suit, making them 33 parties.  

Prior to the ruling by Justice Anwuli Chikere, the parties (plaintiffs) had prayed the court to give an order of injunction  restraining INEC and the attorney general of the Federation( defendants) from carrying out its decision.

The plantiffs argued that the 2^nd defendant should be restrained from deregistering ‘any political party’ for failing to win seats or certain percentage of votes in the 2019 general election, alleging that they could have won some seats if not for election rigging.

Recall that INEC had deregistered the parties for non-performance and for not meeting up with requirements for party registration.

But according to the Judge, the defendant’s failure to disprove the application of the plaintiffs makes the plaintiffs’ claims genuine.

The judge’s ruling reads: “Since no counter-affidavit is filed. The fact sworn to in the affidavit in support of the application remained unchallenged, undisputed and deemed to be true by the court.

“If any material fact alleged in an affidavit is not denied in a counter affidavit, an admission of the fact is implied, citing relevant laws.

“There is evidence of proof of service on the 2nd defendant and the 2nd defendant refused, neglected, failed to respond to the motion filed by the applicants.

“Having not contested this motion by filing counter affidavit, the affidavit evidence of the plaintiffs is deemed true, not controverted or challenged accordingly, the 2nd defendant is hereby restrained from deregistering the plaintiffs pending the determination of the substantive suit.

The parties that approached the court are as follows: Advanced Congress of Democrats (ACD), Advanced Nigeria Democratic Party (ANDP), All Blending Party (ABP), All Grand Alliance Party (AGAP), Better Nigeria Progressive Party (BNPP), Democratic People’s Congress (DPC), Freedom and Justice Party (FJP), Green Party of Nigeria, (GPN), Labour Party (LP), Mega Party of Nigeria (MPN), National Interest Party (NIP), Nigeria Democratic Congress Party (NDCP), People’s Party of Nigeria (PPN), People for Democratic Change (PDC), Peoples Coalition Party (PCP), Progressives Peoples Alliance (PPA), Red-build Nigeria Party (RBNP), Restoration Party of Nigeria (RP), United Democratic Party (UDP), United Patriot (UP), We The People Nigeria (WTPN), Young Democratic Party (YDP), Save Nigria Congress (SNC), Change Advocacy Party (CAP), Socialist Party of Nigeria (SPN), African Democratic Congress (ADC), All Grassroots Alliance (AGA), Alliance of Social Democrats (ASD), Democratic Alternative (DA), New Generation Party of Nigeria (NGP), Mass Action Joint Alliance (MAJA), Nigeria For Democracy (NFD), and Masses Movement of Nigeria (MMN).