The parties had been among the many 74 political parties de-registered in February 6, 2020 by INEC, for not assembly the mandatory constitutional necessities.
Delivering judgment, the court’s president, Justice Monica Dongban-Mensem, unanimously held that INEC ignored due course of in exercising its powers under Section 225(a) of the Constitution (as amended).
The appellate court held that not solely had been the affected political parties already in court before INEC exercised its constitutional powers to de-register a party, it failed to inform the parties why they may not exist.
In the lead judgment by Justice Dongban-Mensem, the Court of Appeal held that the de-registration of the appellants was unlawful because INEC failed to comply with due course of of legislation.
The appellate court equally held that INEC’s acton was not in compliance with the provisions of Section 225(a) of the Constitution because it (INEC) didn’t indicate causes for its decision to de-register the appellants.
The court noted that Section 40 of the Constitution entitles residents to the liberty of affiliation, and as such, the right conferred on a political party can’t be taken away besides in accordance with the provisions of the legislation and due course of.
It noted that the appellants weren’t difficult the legitimacy of the legislation/constitutional provision under which INEC claimed to have acted, by the method of their deregistration.
The Court of Appeal proceeded to set apart the June 11, 2020 judgment of the Federal High Court, Abuja and ordered that the appellants ought to henceforth be listed as political parties within the nation.
The parties are the Advanced Congress of Democrats (ACD), Advanced Nigeria Democratic Party (ANDP), All Blending Party (ABP), All Grand Alliance Party (AGAP), Alliance of Social Democrats (ASD), Change Advocacy Party (CAP), Democratic People’s Congress (DPC), Green Party of Nigeria (GPN), Masses Movement of Nigeria (MMN) and Mega Party of Nigeria (MPN).
Others are New Generation Party of Nigeria (NGPA), Nigeria For Democracy (NFD), Peoples Coalition Party (PCP), Progressive Peoples Alliance (PPA), People for Democratic Change (PDC), Young Democratic Party (YDP), Re-Build Nigeria Party (RBNP), Save Nigeria Congress (SNC), Socialist Party of Nigeria (SPN), United Democratic Party (UDP), United Patriots (UP) and We The People of Nigeria (WTPN).
Respondents within the enchantment had been the Attorney General of the Federation (AGF) and INEC.
The parties in 2019 sought the interpretation of the novel provision in Section 225(a) within the amended Constitution. But, before the swimsuit marked: FHC/ABJ/CS/444/2019 could possibly be determined, INEC introduced its de-registration of parties in February.
The News Agency of Nigeria reports that on June 11, 2020, Justice Anwuli Chiekere of the Federal High Court, Abuja, rejected the plaintiffs’ competition, dismissed the swimsuit and upheld INEC’s powers to de-register political parties, a decision the 22 parties appealed on the Court of Appeal.