Court Orders INEC To Register Political Party

                      
A Federal High Court sitting in Abuja has ordered the Independent National Electoral Commission (INEC) to register a political association, Young Democratic Party (YDP) as a political party in the country.

The presiding judge, Justice Ahmed Mohammed who gave the order yesterday said YDP met all the criteria for registration.

Hours after the judgement was delivered, some prominent lawyers in the country said the judgement will not affect the March 28 and April 11 general elections.

Malam Abubaka Malami said that the law requires that a political party must be registered within 90 day.

According to him, the 90 day for YDP will begin to count from yesterday when the judgement was delivered.

For Lagos lawyer, Festus Keyamo, YDP cannot be part of the election because of the 90 days provision. “The judgement will not affect the election in any way”, Keyamo said.

The association had dragged INEC to court over the commission’s failure to register it as a political party after it met all the conditions for registration as a political party as stipulated in the Electoral Act of 2010.

Delivering judgment in the suit, Justice Mohammed held that the association was deemed a registered political party by the virtue of the provisions of section 78 (4) of the Electoral Act.

He said: “From the affidavit and the evidence from the parties, the defendant (INEC) was in receipt of the plaintiff’s application for registration as a political party at least as at March 17, 2014.

“The defendant received the complete document for registration for registration forwarded to it on April 1, 2014.

“On 13 August, 2014, INEC wrote informing the plaintiff that it’s application for registration as a political party was under consideration and has been processed.

The court held that between the period of the association’s application to be registered as a political party and the time the matter came to court, it was more than four months or more than 120 days since the receipt of the plaintiff’s application.

Justice Mohammed consequently held that it was clear that INEC did not discharge its obligation of informing the plaintiff of its decision not to register it as a political party with in the 30 days stipulated in section 78 (4) of the Electoral Act.

“In the final analysis, I am satisfied that having regard to the Electoral Act and the evidence of parties, the plaintiff’s suit has succeeded.

“I hereby grant all the reliefs sought by the plaintiff in the amended Originating Summons dated December 2, 2014,” the court declared