The Supreme Court of Nigeria on Friday in Abuja upheld the deregistration of 22 political parties carried out by the Independent National Electoral Commission (INEC).
The parties were among the 74 scrapped in 2020 by INEC following their dismal performances in the previous elections.
Delivering judgment in an appeal instituted by INEC against the judgement of the Court of Appeal, Justice Ejembi Eko voided and set aside a judgement of the Court of Appeal, Abuja division, which had nullified the deregistration.
Justice Eko held that the Court of Appeal on its own (suo motu) raised the issue of lack of fair hearing in favour of the 22 scrapped parties and arrived at a conclusion without hearing from other parties in the matter.
“This appeal by INEC is meritorious and is hereby allowed. The decision of the court below is set aside”.
The apex court held that the Court of Appeal took the issue of fair hearing out of the contemplations of the notice of appeal filed by the political parties but refused to do the needful in order to be fair to others in the matter.
Specifically, the Supreme Court said the Court of Appeal erred in law by raising the issue of fair hearing in favour of the political parties and declined to give opportunity to other respondents to address the matter in order to arrive at a just conclusion.
Justice Eko said proceeding to give judgement in such a situation as done by the Court of Appeal ran afoul of the pillar of the same fair hearing and as such, its findings and conclusion could stand.
“It is not the basic functions of any court to raise a fundamental issue suo motu and come to the conclusion without being addressed by parties in the matter. Such action runs foul of the pillar of the fair hearing itself,” Justice Eko held.
INEC had on February 6, 2020 deregistered 74 political parties for failing to win any political office in the last general election.
The Advanced Congress of Democrats and 21 other parties sued at the Federal High Court in Abuja to challenge their deregistration by INEC.
In a judgment on June 11, 2020, the Federal High Court dismissed the suit on the grounds that INEC was empowered to deregister parties that failed to win elections.
On appeal to the Court of Appeal, Abuja, the appellate court, in its judgment in August 2020, said although INEC could deregister parties, it was wrong to have deregistered ACD and 21 other parties while their case was pending in court.
