The Federal High Court sitting in Abuja has again reaffirmed the powers of the Independent National Electoral Commission, (INEC) to deregister political parties.
The trial Judge, Justice Taiwo Taiwo, in a judgment he delivered in a suit filed by the Hope Democratic Party (HDP) against INEC, challenging the powers of the electoral body to deregister it as a political party.
Justice Taiwo held in the judgment that, INEC is empowered by the constitution to deregister parties that failed to meet provisions of Section 225(a).
HPD had, in its suit, prayed the court to declare that INEC cannot deregister it as a political party except in accordance with the law.
The party also prayed the court to order INEC to relist it as a political party in Nigeria.
In his judgment, Justice Taiwo said that HDP fell short of Section 225(a) of the Constitution and also had nothing to show to the court that the action of INEC to deregister it as a political party was unlawful.
According to the judge, he who asserts must prove and hold that the plaintiff (HDP) has not been able to prove to the court that INEC acted unconstitutionally by deregistering it as a political party.
“The case of the plaintiff is weak and cannot be granted the reliefs sought. The plaintiff has the onus to prove its case but has failed to show to the court that it met the requirements of Section 225(a).
ALSO READ: Bayelsa records 3rd COVID-19 death
“The plaintiff ought to give particulars of malice when it alleged that it was deregistered out of malice. The court is not a father Christmas to grant reliefs that have not been sought.
“The defendant has the powers to deregister political parties and the defendant was right to have deregistered the plaintiff, having failed to meet the requirements of a political party”, the judge held.
It would be recalled that Justice Taiwo, had last week, in a judgment delivered in a suit filed by the National Unity Party, one of the 74 parties deregistered by the INEC in February affirmed that the constitutional power of the electoral commission and the reasons given by the Commission for the deregistration of parties are valid, in conformity with the law, sacrosanct and could not be affected by the fact of anticipated Local government elections by some states which dates were not fixed, certain or even ascertainable.
The court, therefore, held that the deregistration of National Unity Party as a political party in Nigeria was lawfully done in exercise of vested constitutional powers of INEC in accordance with Section 225A of the 1999 Constitution.
The Court also held that the Party failed to show that the exercise of INEC’s powers to deregister the party was at variance with the law and also ultra vires its powers and the court came to the conclusion that the Plaintiff (the Party) failed to prove its case and the issues for determination cannot be determined in its favour and the reliefs it sought could not be granted to it.
YOU SHOULD NOT MISS THESE HEADLINES FROM NIGERIAN TRIBUNE
Buy and read digital replicas of your TRIBUNE titles by subscribing through E-VENDING
BREAKING: No Fresh Probe Of Adesina ―AfDB Board Rules
The Bureau of the Board of Governors of African Development Bank (AfDB) on Thursday foreclosed the possibility of reopening the probe of the bank’s President, Dr Akinwumi Adesina. At a meeting, the body declared that an independent investigation was not required as demanded the United States of America… Read full story
NCDC Releases New Guidelines On COVID-19 Patients’ Treatment, Discharge
The Nigeria Centre for Disease Control (NCDC) on Thursday announced a new case management guidelines for the treatment and discharge of COVID-19 pandemic patients. Its Director-General, Dr Chikwe Ihekweazu, made this known at the Presidential Task Force on COVID-19 (PTF) media briefing in Abuja… Read full story
UN Puts Nigeria’s Electricity Access Rate At 57%
No fewer than 110.7 million Nigerians out of a 195.8 million estimated population had access to electricity as of 2018, according to the latest global energy progress report. This represents a 57 per cent national electricity access rate compared with the global average of 90 per cent, says the report launched at the… Read full story
Akinwumi Adesina And AfDB
AFTER the Ethics Committee of the African Development Bank (AfDB) had returned a ‘not guilty’ verdict on the bank’s president, Dr. Akinwumi Adesina, who had been accused by a group of whistleblowers of approving certain appointments and contracts that were in breach of the financial institution’s statutory and… Read full story
COVID-19: Nigeria Records 350 New Cases, Total Now 11,516
The Nigeria Centre for Disease Control (NCDC) has confirmed 350 new cases of COVID-19 in the country, bringing the total number of confirmed cases to 11,516. The centre disclosed this on Tuesday night via its… Read full story
COVID-19: African Nations Get $9.8bn As IMF Supports 66 Countries With $23bn
The International Monetary Fund (IMF) has provided over $23 billion in emergency financial assistance and debt relief to 66 member countries facing the economic impact of the coronavirus pandemic. According to information sourced from IMF’s website on Thursday, sub-Saharan Africa got the highest support of $9.81 billion… Read full story
Osun Relaxes Curfew, Now 9pm To 5am
The governor of Osun State, Mr Adegboyega Oyetola, on Thursday, announced a new set of guidelines that would guide the second phase of the gradual reopening of the state’s economy, following the lockdown imposed by the government in the wake of the COVID-19 pandemic… Read full story
COVID-19: Nigeria Experiencing Steady Rise In Maternal, Child Mortality ― PTF
The Presidential Task Force (PTF) on COVID-19, on Thursday, lamented that the country is experiencing a steady rise in maternal and child mortality as a result of disrupted essential services, due to the COVID-19 pandemic… Read full story
Through Facebook, Three Brothers Kidnap, Murder 55-Yr-Old Mother Of Five Children
Three brothers of one Emmanuel family, Johnson, Gideon and Success, have been arrested by the police for the kidnap and murder of one Mrs Janet Ogbonnaya. One of the three brothers, Johnson Emmanuel, had lured the woman, a mother of five children, via Facebook from her Gwagwalada home where they allegedly… Read full story
Police Give Account Of How 21 People Were Killed In 2 LGs In Zamfara
Zamfara State police command has said 21 people were killed in attacks carried out in two local government areas of the state. This was contained in a statement signed by the police image-maker… Read full story
and then