Supreme Court confirms YP as a registered political party
The Supreme Court upheld the judgment of the Court of Appeal, which declared the alleged deregistration of the Youth Party (YP) illegal, null and void.
The Supreme Court, in a unanimous judgment, rejected the appeal filed by the Independent National Electoral Commission (INEC) and ruled that YP is a registered political party, eligible to contest the 2023 elections.
Lead by Judge Uwani Musa Abba Aji, the court upheld the decision of the lower courts, which "found the appellant's action highly reprehensible".
YP had, through his lawyer, Chief Bolaji Ayorinde (SAN), urged the Supreme Court to dismiss the appeal and uphold the judgment of the lower courts.
The judgment of the lower courts was based on the fact that the INEC had failed to register the party within the period provided for by law and had prevented it from participating in the elections.
INEC had not registered the party after obtaining a judgment against it in FHC/ABJ/CS/221/2017 between Chukwudi Adiukwu and Ors V. INEC, rendered on October 18, 2017.
The commission finally complied with the August 14, 2018 ruling, less than five days before the party's primaries began in 2018. In addition, the election arbiter also debarred the party, while both parties were before the federal government. High Court on the matter.
Furthermore, INEC currently refuses to list YP on its website as a registered party or allow it to participate in any election, even in the face of the aforementioned judgment, which has not been overturned or suspended.
Judge Inyang Ekwo of the Federal High Court had, in his judgment, held that "the defendant is not above the law. No person or party to an action is authorized to resort to the self-help when an action is pending in court."
The court held that the defendant's power under Section 225A(b) and (c) of the 1999 Constitution (as amended) to deregister a political party does not justify the defendant's action , while the case was pending before the court of first instance.
The court held: "The defendant must understand that the constitution is not confusing. I condemn the action of the defendant as a wrong exercise of force. Therefore, the disbarment of the plaintiff during the duration of this action by the defendant is unlawful, null and void and subject to reversal. Accordingly, I hereby make an order quashing the expungement of the plaintiff."
The Supreme Court upheld the judgment of the Court of Appeal, which declared the alleged deregistration of the Youth Party (YP) illegal, null and void.
The Supreme Court, in a unanimous judgment, rejected the appeal filed by the Independent National Electoral Commission (INEC) and ruled that YP is a registered political party, eligible to contest the 2023 elections.
Lead by Judge Uwani Musa Abba Aji, the court upheld the decision of the lower courts, which "found the appellant's action highly reprehensible".
YP had, through his lawyer, Chief Bolaji Ayorinde (SAN), urged the Supreme Court to dismiss the appeal and uphold the judgment of the lower courts.
The judgment of the lower courts was based on the fact that the INEC had failed to register the party within the period provided for by law and had prevented it from participating in the elections.
INEC had not registered the party after obtaining a judgment against it in FHC/ABJ/CS/221/2017 between Chukwudi Adiukwu and Ors V. INEC, rendered on October 18, 2017.
The commission finally complied with the August 14, 2018 ruling, less than five days before the party's primaries began in 2018. In addition, the election arbiter also debarred the party, while both parties were before the federal government. High Court on the matter.
Furthermore, INEC currently refuses to list YP on its website as a registered party or allow it to participate in any election, even in the face of the aforementioned judgment, which has not been overturned or suspended.
Judge Inyang Ekwo of the Federal High Court had, in his judgment, held that "the defendant is not above the law. No person or party to an action is authorized to resort to the self-help when an action is pending in court."
The court held that the defendant's power under Section 225A(b) and (c) of the 1999 Constitution (as amended) to deregister a political party does not justify the defendant's action , while the case was pending before the court of first instance.
The court held: "The defendant must understand that the constitution is not confusing. I condemn the action of the defendant as a wrong exercise of force. Therefore, the disbarment of the plaintiff during the duration of this action by the defendant is unlawful, null and void and subject to reversal. Accordingly, I hereby make an order quashing the expungement of the plaintiff."
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