The Federal High Court sitting in Federal Capital Territory (FCT), Abuja yesterday ordered the Independent National Electoral Commission (INEC) to immediately register an additional political party, the Socialist Party of Nigeria.
The court also ordered the electoral body to issue SPN with a Certificate of Registration within 30 days from Tuesday.
Delivering judgment in the suit filed by some members of the party, Justice Gabriel Kolawole granted prayers 1, 2, 3 and 4 of the plaintiffs, declaring that by virtue of section 78(4) of the Electoral Act 2010, the SPN having met all the requirements under the 1999 Constitution and Electoral Act 2010 “is deemed registered as a political party in Nigeria.”
The judge ordered, “The defendant is hereby ordered to register the plaintiffs forthwith as a political party and shall within 30 days thereof issue them with certificate of registration as a political party without much ado and they shall be registered as the Socialist Party of Nigeria. This shall be the judgment of the court.”
The plaintiffs, who filed the suit marked, FHC/ABJ/CS/630/2014, on behalf of SPN were Segun Sango, Chinedu Bosah, Mikaliu Mohammed, Emmanuel Adikwu, Agbebire Marcellus and Nuhu Zira.
They had contended that INEC refused to register their party and issue them a Certificate of Registration despite fulfilling all the statutory conditions, including the payment of administration fee of N1m, establishment of the national headquarters in Abuja and constituting a National Executive Committee with members from at least 24 states and Abuja.
But INEC was said to have in a letter dated August 12, 2014, which was its response to the application by SPN for registration as a political party, stated that the SPN’s “registration is terminated” on the basis of the purported failure of the SPN to allow for the verification of its submitted claims.
The SPN accused the commission of terminating the registration process having failed to process the application of SPN, within 30 days as stipulated by Section 78 (3 and 4) of Electoral Act 2010.
Justice Kolawole agreed with the plaintiffs in its judgment on Tuesday that INEC mismanaged the processing of SPN’s application.
He held that by virtue of the provision of section 78 (2),(3), and (4) of the Electoral Act when read and construed communally, INEC was bound to abide by the timeline set in the Act.
Citing the Supreme Court’s decision in INEC Vs Musa relied upon by parties, Justice Kolawole noted that INEC “is not permitted to exercise its statutory powers according to the predilection and the whims of its chairman and/or principal management officers in the discharge of its duties of political party registration and monitoring.”
The court also ordered the electoral body to issue SPN with a Certificate of Registration within 30 days from Tuesday.
Delivering judgment in the suit filed by some members of the party, Justice Gabriel Kolawole granted prayers 1, 2, 3 and 4 of the plaintiffs, declaring that by virtue of section 78(4) of the Electoral Act 2010, the SPN having met all the requirements under the 1999 Constitution and Electoral Act 2010 “is deemed registered as a political party in Nigeria.”
The judge ordered, “The defendant is hereby ordered to register the plaintiffs forthwith as a political party and shall within 30 days thereof issue them with certificate of registration as a political party without much ado and they shall be registered as the Socialist Party of Nigeria. This shall be the judgment of the court.”
The plaintiffs, who filed the suit marked, FHC/ABJ/CS/630/2014, on behalf of SPN were Segun Sango, Chinedu Bosah, Mikaliu Mohammed, Emmanuel Adikwu, Agbebire Marcellus and Nuhu Zira.
They had contended that INEC refused to register their party and issue them a Certificate of Registration despite fulfilling all the statutory conditions, including the payment of administration fee of N1m, establishment of the national headquarters in Abuja and constituting a National Executive Committee with members from at least 24 states and Abuja.
But INEC was said to have in a letter dated August 12, 2014, which was its response to the application by SPN for registration as a political party, stated that the SPN’s “registration is terminated” on the basis of the purported failure of the SPN to allow for the verification of its submitted claims.
The SPN accused the commission of terminating the registration process having failed to process the application of SPN, within 30 days as stipulated by Section 78 (3 and 4) of Electoral Act 2010.
Justice Kolawole agreed with the plaintiffs in its judgment on Tuesday that INEC mismanaged the processing of SPN’s application.
He held that by virtue of the provision of section 78 (2),(3), and (4) of the Electoral Act when read and construed communally, INEC was bound to abide by the timeline set in the Act.
Citing the Supreme Court’s decision in INEC Vs Musa relied upon by parties, Justice Kolawole noted that INEC “is not permitted to exercise its statutory powers according to the predilection and the whims of its chairman and/or principal management officers in the discharge of its duties of political party registration and monitoring.”
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