Youth Party has accused the Independent National Electoral Commission (INEC) of flagrant disobedience to the judgement of the Supreme Court, which declared the purported de-registration of the Youth Party illegal, null and void’.
The Party lamented that barely few weeks to the general election, INEC is yet to list Youth Party on it website as among the parties that will take part in the forthcoming elections in obedience to various court orders.
It would be recalled that the apex court had in its unanimous judgment dismissed the appeal filed by the Independent National Electoral Commission, INEC and held that Youth Party is a registered political party, eligible to participate in 2023 elections.
The apex court Justices led by Justice Uwani Aji, upheld the decision of the Federal High Court Abuja delivered by Justice I.E. Ekwo that declared the purported de-registration of the party illegal, null and void, and, that of the Court of Appeal which also “found the action of the appellant very reprehensive.
The Youth Party had through its lawyers, Chief Bolaji Ayorinde, SAN, leading, Chukwudi Adiukwu, and Wale Irokosu, urged the apex court to dismiss the appeal and uphold the judgment of the lower court.
However, Youth Party stated that few weeks to the general election, the Electoral has not listed the Party, and it’s Candidates among the contestants in the election.
The party urged the commission to obey the various judgements of superior courts, and list the Party on its website and allow their candidates, Tari Taylaur and another in Abia State to participate in the coming election.
The party called for electoral reforms on the issue of the procedure for party regulation by INEC particularly deregistration as well as the consequences of exclusion from participation by INEC.
The Party had in a letter dated 14th March, 2022, written to INEC Chairman,
Professor Mahmood Yakubu on the reports in the media that only 18 political parties will contest in the 2023.
The letter signed by their lawyer, Chief Bolaji Ayorinde SAN recalled that, Youth Party was deregistered by the Commission on 14th August, 2018.
The letter states “You will also recall that the Federal High Court in Suit No: FHC/ABJ/CS/10/2020, delivered on 12th October, 2020, declared your purported deregistration of our Client as illegal, null and void. Consequentially, the aforesaid Honourable Court similarly ordered that our Client be allowed to participate in all elections in 2023. Kindly find enclosed the Certified True Copy of the aforesaid Judgment.
“Furthermore, on 11th May, 2021, the Court of Appeal in a unanimous Judgment delivered by Hon. Justice T.Y. Hassan, dismissed the appeal of your Commission and upheld the decision of the Lower Court. The Honourable Court in its judgment reaffirmed that the purported deregistration of the Youth Party is illegal, null and void.
“Unfortunately, INEC has never hidden its disdain for our Client to the extent of disregarding Court judgments persistently by refusing to acknowledge us as a registered Party and refusing to list us on their website despite entreaties. Even our Client’s application form to register as a Party was obtained after more than Two (2) years of application and almost after a year of securing a judgement of Court.
“Also, your Commission met with and furnished other Political Parties with a Voters Register in preparation for the upcoming general elections but our Client was deliberately excluded from the process.
“This action by INEC is a flagrant disregard for the rule of law and a wanton disregard of an existing judgement of Court. INEC is a creation of law and cannot be above the law.
The dictum of Honourable Justice I.E. Ekwo of the Federal High Court in his judgment is worth pondering over:
“the Defendant is not above the law. No person or parties to an action is allowed to resort to self help when an action is pending in Court. The claim that the Defendant has power pursuant to S,225A(b) & (c) of the 1999 Constitution (as amended) to de-register a political party does not justify the action of the Defendant while this action is pending. The Defendant must understand that the constitution is not an author of confusion. I condemn the action of the Defendant as a wrong exercise of might. Therefore, the de-registration of the Plaintiff during the pendency of this action by the Defendant is illegal, null and void, and liable to be set aside. Consequently, I hereby make an order setting aside the de-registration of the Plaintiff”
The Court of Appeal in its Judgement was equally unhappy with INEC in its unanimous Judgment delivered by Honourable Justice T.Y. Hassan, J.C.A., when it held that:
“This Court will not hesitate to sustain the decision of the Lower Court which pulled down and dismantled the edifice that the Appellant built on self help when it deregistered the Respondent not only during the pendency of the Suit but when it had been served with and had reacted to the motion for interlocutory injunction seeking to restrain the Appellant from the very act it helped itself to actualize extra judicially.
“To say the least, we find the Appellant action very reprehensible, the Lower Court as any court of law would have done, acted correctly by setting aside the deregistration of the Respondent. We have no reason to interfere with the order made by the Lower Court and same be sustained”
Consequently, the Party demanded that it should be listed as a registered Party on the INEC website, and also provide it with the requisite materials to enable them participate freely and fairly in the upcoming General Elections in 2023.
