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Youth Party registered, Court of Appeal affirms

Youth Party registered, Court of Appeal affirms
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The Youth Party won a resounding victory in its bid to ensure that INEC respects the rule of law particularly obedience to judicial decisions.

 

The Court of Appeal, Abuja, led by Honourable Justice T. Y. Hassan delivered its unanimous judgement against the Appeal filed by the Independent Electoral Commission today 11th May 2021. The Court upheld the decision of the Federal High Court Abuja delivered by Honourable Justice I.E. Ekwo that declared the purported de-registration of the Party illegal, null and void ’. The Court of Appeal also “found the action of the Appellant very reprehensive”.

Youth Party registered, Court of Appeal affirms

The judgement at the lower Court was based on the INEC persistent disregard for the law and judicial decisions in failing to register the Party within the time stipulated in the law and preventing it from participating in elections illegally. The Electoral umpire failed to register the Party after it got a judgement against it in FHC/ABJ/CS/221/2017 between Chukwudi Adiukwu & Ors V. INEC delivered on 18th October 2017 until 14th August 2018, less than 5 days to the commencement of Party primaries in 2018. INEC further resorted to illegal self-help by illegally de-registering Youth Party while both of them were before the Federal High Court over the issue.

 

 


Furthermore, INEC is currently refusing to list the Party on its website as a registered Party or allow it to participate in any election even in the face of the aforesaid judgement, which had not been set aside or stayed.

 

Honourable Justice I.E. Ekwo in his judgment held that: “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 Defendant has the 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 Defendant while this action is pending.

 

“The defendant must understand that the constitution is not an author of confusion. I condemn the action of Defendant as a wrong exercise of might. Therefore, the de-registration of Plaintiff during the pendency of this action by 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 decision of the Court of Appeal also put paid to the orchestrated and incorrect media interpretation of the recent Supreme Court Case involving NUP and INEC that it had effectively deregistered Youth Party and other parties. It is pertinent to state that Youth Party was not a party to the case and the facts of the case was different from its case. Essentially, it cannot serve as a judicial precedent against Youth Party as upheld by the Court of Appeal today.

 

Once again, we thank the Nigerian judiciary for giving us hope that the rule of law is still sacrosant and the judiciary is the hope of our democracy. We also thank all our members for their unflinching support and steadfastness during this challenging period – this is the price we must all pay to shape the future we desire.

 

 

Vanguard

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