An Abuja Federal High Court on Monday
declared the de-registering of Hope
Democratic Party, HDP, by the Independent
National Electoral Commission, INEC, illegal,
null and void and ordered it re-registered.
Justice Adeniyi Ademola gave the order while
delivering judgment in a suit filed by HDP
challenging INEC’s decision to deregister the
party in December 2013, among others.
The party had joined the National Assembly as
a co-defendant in the suit, while the National
Coalition for Democratic Change, a political
association, was co-plaintiff.
Mr. Ademola said “INEC failed to give fair
hearing in deregistering the party without
giving it sufficient time to refute allegations of
breaches of the Electoral Act.
“The court hereby orders that INEC’s letter
purporting or suggesting deregistering HDP be
set aside as the action is declared illegal, null
and void.
“An order of perpetual injunction restraining
INEC and its agents from stopping HDP from
performing the functions of a duly registered
political party and participate in elections is
hereby given.”
He held that INEC only had the powers to de-
register a political party which breached the
provisions of Section 78 of the constitution.
He, however, described INEC’s action as
“tantamount to putting the cart before the
horse, which is a grave error of omission”.
Mr. Ademola therefore gave an order of
perpetual injunction restraining INEC and its
agents from stopping HDP from performing its
functions as a duly registered political party.
The judge also awarded N50,000 costs against
INEC in favour of HDP and struck out the
National Coalition for Democratic Change from
the suit for lacking locus standi to sue and be
sued.
The plaintiff’s counsel, Mr A. A Oworu, had in
the originating summons, argued that INEC
lacked the power to deregister the party and
urged the court to declare its action illegal,
null and void.
He also prayed for an order of perpetual
injunction restraining INEC from failing to
recognise or reregister the party and stop it
from participating in elections as a duly
registered political party.
The defendants’ counsel, Messrs Ismail
Erinoso and I.K. Bawa, had however, argued
that HDP lacked the locus standi to institute
the suit which they described as an abuse of
court process.
No comments: