A Senior Advocate of Nigeria, Mr Femi Falana, has said the the Independent National Electoral Commission acted too soon in deregistering 74 political parties.
He, however, admitted that Nigerian constitution empowers the commission to to deregister political parties under specific circumstances.
Falana who made this known in an interview with PUNCH on Thursday said INEC had the constitutional power to deregister political parties.
INEC had on Thursay announced deregistration of 74 out of the existing 102 political parties.
Ninety-one political parties participated in the 2019 general elections, with 73 of them fielding presidential candidates.
According to PUNCH, Some of the affected political parties have vowed to challenge their deregistration in court, contending that it was illegal.
He hinged his submission on Section 225A of the Constitution of the Federal Republic of Nigeria 1999 (with the First, Second, Third and Fourth Alterations), which empowered INEC to deregister political parties for various reasons.
The SAN explained that the constitution was amended in 2017 to empower INEC to deregister political parties but it was just being implemented now.
Section 225A states, “The Independent National Electoral Commission shall have power to de-register a political party for breach of any of the requirements for registration;
“Failure to win at least twenty-five percent of votes cast in one State of the Federation in a Presidential election or one Local Government of the State in a Governorship election;
“Failure to win at least one ward in the Chairmanship election, one seat in the National or State House of Assembly election or one seat in the Councillorship election.”
Falana, however, said INEC’s decision to delist 74 parties on Thursday was premature.
He said, “In deregistering the 74 political parties, INEC has relied on the Constitution of the Federal Republic of Nigeria, 1999 (Fourth Alteration, No 9) Act, 2017 enacted on May 4, 2017, which amended section 222 of the 1999 Constitution. The amendment empowers INEC to de-register political parties that fail to win any seat in local and national elections”
Falana also charged INEC to enforce other aspects of the electoral laws that give grounds on which party could be deregistered and not focused on the parts that demand electoral victory as prerequisite to remain registered and viable
“INEC must go the whole hog by complying with section 222 of the Constitution which states that political parties that fail to render accounts of their detailed annual statement and analysis of their sources of funds and other assets with similar statements of expenditure.
“INEC must apply the law with equal force to the remaining political parties.
“LG elections have not been held in 13 states. Since some of the political parties may still win LG elections the law is not ripe for implementation.
“Section 224 says the programmes and manifestoes of political parties shall conform with the fundamental objectives and directive principles of state policy. The programmes and manifestoes of APC and PDP are completely at variance with chapter 2 of the Constitution. So why have there not been implementation?” he said