The first legal provision on deregistration of Political Parties
post 1999 general election is contained in section 78(7) of the
Electoral Act, 2010. The section contains two grounds for
deregistration viz: (1) breach of any of the requirements for
registration (2) failure to win Presidential or Governorship
election or a seat in the National or State Assembly election.
First of all, it is important to say that the right to form or
belong to a Political Party is a fundamental human right enshrined
in section 40 of the Constitution of the Federal Republic of
Nigeria 1999 (as amended). In the said section, it provides, “Every
person shall be entitled to assemble freely and associate with
other persons, and in particular he may form or belong to any
political party…for the protection of his interest.”
The introduction of the deregistration clause in the Electoral
Act, 2010 was greeted by mixed reactions. While some hailed it,
others deprecated it. The National Conscience Party (NCP) was the
first to challenge the legality of section 78(7)(ii) in Court. Hon.
Justice Abang of the Federal High Court Lagos in its judgment of
6th March, 2013 held the provision to be legal and
valid. However the Court of Appeal Lagos in a judgment delivered on
24th July, 2015 declared section 78(7)(ii)
unconstitutional, null and void. Thus, in the case, NCP
& Anor. v National Assembly of the Federal Republic of
Nigeria & 2 Ors. (2016) 1 NWLR (Pt.1492) 1 CA,
the Court of Appeal per Chinwe Eugenia Iyizoba, JCA in declaring
section 78(7)(ii) as inconsistent with the Constitution and null
and void stated:
“I reiterate once more that there is nothing in section
221-229 of the Constitution prescribing that the continued
existence of a recognized political party depended on its ability
to win at least a seat in the National or State Assembly. There is
no quarrel with section 78(7)(i) which empowers the Commission to
de-register a political party on the ground of breach of any of the
requirements of registration. But deregistration under section
78(7)(ii) for failure to win at least a seat in the National or
State Assembly is a different ball game. There is no constitutional
backing for the provision.”
Relying on the de-registration clause, INEC on 18th
August, 2011 deregistered 7 Political Parties namely DA, NAC, NDLP,
MMN, NPC, NEPP and NUP. Similarly, on 5th December, 2012
INEC deregistered 28 other Political Parties ostensibly due to
failure to win a election. The Fresh Democratic Party (FDP)
challenged its deregistration at the Federal High Court, Abuja.
Justice Gabriel Kolawole in a delivered in March 2013 restored the
registration of FDP. In the same vein, the Peoples Redemption Party
(PRP) took out an action at the Federal High Court, Abuja which
court presided over by Justice Adeniyi Ademola on 16th
December, 2015 restored the registration of PRP.
In Barrister Jezie
Ekejiuba v. INEC & Anor. (2016) LPELR-40926
(CA), the Court of Appeal, Enugu Division per Tom
Shaibu Yakubu, JCA most succinctly stated:
“I am of the considered opinion that if the framers of the
1999 Constitution, having provided for the recognition of political
associations which could metamorphose to political parties through
the processes of registration by the 1st respondent
pursuant to section 222 of the Constitution, had the mind that the
registered political parties could be de-registered, the conditions
for such de-registration would have been spelt out in the
Constitution. In order words, since the conditions and processes
involved before a political association is registered as a
political party by the 1st respondent are clearly spelt
out in section 222 of the Constitution, similarly the processes and
conditions for a de-registration of a political party by the
1st respondent, if that was in the mind of the framers
of the Constitution, the same would have been clearly set out in
the Constitution.”
The two Court of Appeal decisions placed side by side opposes
each other in some respects. Both decisions are to the effect that
INEC cannot deregister a Political Party on the ground of failure
to win election. However, there is dissonance in the interpretation
of section 78(7)(i) which borders on deregistration on the ground
of breach of any of the requirements for registration. NCP’s case
approves of that ground, whereas Ekejiuba’s case struck it down.
The Court in Ekejiuba’s case reasoned that if the intention of the
framers of the Constitution was that a Political Party could be
deregistered under certain conditions, it would have provided for
same.
Therefore, in a bid to fortify INEC with powers to deregister
Political Parties, the Constitution of the Federal Republic of
Nigeria (Fourth Alteration, No. 9) Act , 2017 provided elaborately
the grounds for deregistration. Today, deregistration of Political
Parties is now constitutionally provided. Section 225A of the
Constitution (as amended) provides as follows:
The Independent National Electoral Commission shall have power
to de-register a Political Party for-
(a) breach of any of the requirements
for registration;
(b) failure to win at least twenty-five
percent of votes cast in-
(i) one state of the Federation in
a Presidential election; or
(ii) one Local Government of the State
in a Governorship election.
(c) failure to win at least-
(i) one ward in the Chairmanship
election;
(ii) one seat in the National or State
House of Assembly election; or
(iii) one seat in the Councillorship
election.
The Constitution has therefore comprehensively set out
conditions for deregistration. The ground of breach of any of the
requirements of registration has six items as contained in section
222 of the 1999 Constitution (as amended). In Barrister
Jezie Ekejiuba v. INEC & Anor. (2016)
LPELR-40926 (CA), the Court stated: “The six conditions of
registration are well spelt out in section 222 of the 1999
Constitution (as amended) thus:
No association by whatever name called shall function as a
political party, unless-
(a) the names and address (sic) of its
national officers are registered with the Independent National
Electoral Commission;
(b) the membership of the association is
open to every citizen of Nigeria irrespective of his place of
origin, circumstances of birth, sex, religion or ethnic
grouping;
(c) a copy of its constitution is
registered in the principal office of the Independent National
Electoral Commission in such form as may be prescribed by the
Independent National Electoral Commission.
(d) any alteration in its registered
Constitution is also registered in the principal office of the
Independent National Electoral Commission within thirty days of the
making of such alteration;
(e) the name of the association,
its symbol or logo does not contain any ethnic or religious
connotation or give the appearance that the activities of the
association are confined to a part only of the geographical area of
Nigeria; and
(f) the headquarters of the
association is situated in the Federal Capital Territory,
Abuja.
Without argument, the large number of Political Parties that
participated in the 2019 General Elections created logistics
challenges for INEC including cost, space and time. For example, 73
Political Parties were on ballot for the Presidential election.
This is the largest number that we have witnessed in any election
in Nigeria. Apart from the two dominant political parties-APC and
PDP, the performance of the remaining 71 political parties was a
huge joke. They made no impact in terms of the share of the
votes cast. Also, the large number of Political Parties in the
Presidential election made collation of results hectic and longer
than usual.
Although, there are a few supplementary elections pending in
places where election was declared inconclusive by INEC;
nevertheless, we can tell how many Political Parties were able to
escape the INEC sledge hammer of deregistration. How many of the
Political Parties that participated in the Presidential election
won at least twenty-five percent of the votes cast in one State of
the Federation? With the exception of APC and PDP no other Party
did. How many of Political Parties that participated in the
Governorship election in the 29 States where Governorship election
was held won twenty-five percent of the votes cast in one Local
Government Area of the State? Again, with the exception of APC and
PDP no other Party did. Judging the political parties on the basis
of seats won in the National Assembly, only 11 Political Parties
were successful. The successful Political Parties are APC, PDP and
YPP in the Senate and APC, PDP, APGA, ADC, AA, PRP, APM, SDP, ADP
and LP in the House of Representatives. For the House of Assembly,
the seats revolve around APC, PDP and a couple of other Political
Parties within the group of 11 Political Parties that won seats in
the National Assembly or perhaps a few other Political Parties
outside the 11. From the foregoing, it is a sore narrative that a
paltry 12 percent of the 91 registered Political Parties that
survived the constitutional slaughter provision.
The Independent National Electoral Commission should rise to
clear the political space by deregistering the ‘sickler’
political parties in accordance with the provisions of the 1999
Constitution (as amended). This should be done as soon as the 21
days of presenting election petition elapses. Section 285(5)
provides that an election petition shall be filed within 21 days
after the date of the declaration of result of the elections. With
barely four days to the end of the 21 days for presenting
presidential election petition no other Party outside the group of
11 have presented a petition challenging the presidential election.
INEC has a duty to maintain a healthy balance in the Political
environment by ensuring that Political Parties which are too weak
for competitive party democracy are not allowed to loiter the
political space creating political nuisance.
Troops
Troops Confront Armed Robbers in Military
Uniforms
Troops of 72 Special Forces Battalion Makurdi, deployed at
Yelwata, in Guma LGA which is a Border town between Benue and
Nasarawa State while on patrol along Road Yelwata-Kadarko to
monitor post election activities in that axis had an encounter with
some suspected armed robbers in the early hours of 15th of March
2019.
The suspected armed robbers were dressed in military desert
camouflage and robbing motorists along the road.
However, the gallant troops of the Battalion engaged the robbers
in a gun battle which resulted in the elimination of one of the
armed robbers during the encounter, while others took to their
heels.
Items recovered include :
a. One locally made rifle.
b. Three rounds of 7.62MM special ammunition.
c. One empty case of7.62MM Special ammunition.
Similarly , some cultists who have been terrorising the
North-Bank general area in Makurdi metropolis were arrested by
Intelligent Operatives of 72 Special Forces Battalion deployed
within the town to monitor post election activities. The suspects
are Mr Shuaibu Sale, Mr Umar Sule and Mr Idris Bawa. Items
recovered from them incude:
a. One locally made revolver pistol.
b. One round of 9mm
c. A poly bag containing weeds suspected to be Indian Hemp.
Members of the Public are reminded to be security conscious at
all times and enjoined to report any suspicious activities of or
movements of individuals or groups to the nearest law enforcement
agents for prompt action.
Forwarded herewith are some pictures of the incidents for your
publication please.
SAMSON ZHAKOM
Captain
Assistant Director
Army Public Relations
707 Special Forces Brigade Makurdi.