Deregistration Of Political Parties: There Is No Cause For Alarm -By Nabai Alfred Inemugha Esq

INTRODUCTION
INEC has announced that it has deregistered about 75 political parties. It claimed that the deregistration was done pursuant to the powers vested on it by virtue of section 225A of the Constitution of the Federal Republic of Nigeria 1999 (as ammended). Even parties that have barely spent one year in existence were purportedly deregistered. This post seeks to allay the fears of members of this noble platform.

What does Section 225A say?

Of a truth, the Constitution of the Federal Republic of Nigeria 1999(Fourth Alteration, No 9), Act 2017, introduced section 225A into the Constitution. The said section 225A, provides inter alia and I paraphrase as follows:

INEC shall have the power to deregister a political party, in the following circumstaces
a. If the party breaches any of the conditions for registration
b. Failure to win 25 percent of votes cast in
i. one state of the Federation in a Presidential election
or
ii. one local government of a state in a Governorship election

c. failure to win at least
i. one ward in a chairmanship election
ii. one seat in the National or state Assembly election
iii. one seat in the councillorship election

Interpretation of this innovative section

This section operates in a situation wherein a party has fallen short of all the criteria prescribed by the section. The least of the criteria is “one seat” in a Councillorship election or “one ward” in the Chairmanship election.

Obviously, the draftsmen reasoned that a political party should be strong in at least a “ward”, even though it must have National spread.

Also the draftsmen looked at a situation wherein elections were to be done in one day. Alas! this is not case in Nigeria. Elections are done in different times. In fact not all states have conducted LGA elections.

More so, judging from the fact that INEC is duty bound to register a political party if it meets with all the criteria stipulated, it then goes to show that all criteria for deregistration must be met before any act of deregistration.

The draftsmen for sure never intended that registration and deregistration would be like a merry go round.

CONCLUSION

There is no cause for alarm. Until a party participates in all the various tiers of elections and fail to secure even one Ward, INEC cannot deregister the Party.

Of course, the Courts are there to interpret and give life to this section. INEC is not the final authority in this instance. INEC have been compelled by the Courts to register Political parties and INEC would definitely be compelled to stop this purported deregistration.

We should remain calm while the legal departments of the various parties seek judicial redress.

Thank you.

Nabai Alfred Inemugha Esq
(State Legal Adviser, IPAC Bayelsa State)