Justice Taiwo Taiwo of the Federal High Court in Abuja, has for the umpteenth time held that the Independent National Electoral Commission, (INEC) has the power to de-register political parties.
It would be recalled that the judge had in a judgment on May 28, held similar view in the suit brought by the National Unity Party (NUP), one of the 74 parties de-registered by INEC in February this year.
He held that de-registration of the NUP, as a political party in Nigeria, was lawfully done by INEC in accordance with powers vested on it under Section 225(a) of the Constitution.
In another ruling on Friday judgment on Friday, the judge also held that INEC is empowered by the Constitution to de-register political parties that fail to meet provisions of Section 225(a) of the Constitution.
The judgment was in a suit brought by Hope Democratic Party (HDP) which protested against INEEC’s recent decision to de-register it and some other political parties.
The judge said HDP fell short of the requirements under Section 225(a) of the Constitution.
He added that the party also failed to convince the court that INEC’s decision to de-register it, as a political party, was unlawful.
He said since it is a legal principle that he who asserts must prove, the plaintiff was under the obligation to prove that INEC acted unconstitutionally by de-registering it as a political party.
Justice Taiwo noted that the plaintiff did not only fail to prove its case, “the case of the plaintiff is weak and as such, it cannot be granted the reliefs sought.
“The plaintiff has the onus to prove its case, but has failed to show to the court that it met the requirements of Section 225(a) of the Constitution.
“The plaintiff ought to give particulars of malice when it alleged that it was de-registered out of malice. The court is not a Father Christmas to grant reliefs that have not been sought.
“The defendant has the powers to de-register political and the defendant was right to have de-registered the plaintiff having failed to meet the requirements of a political party,” he said.
