- The group asked the court to compel INEC to deregister Labour Party as a political party in Nigeria
A group, the Incorporated Trustees of Centre for Reform and Public Advocacy has instituted a legal action against the Independent National Electoral Commission.
The Labour Party, Barrister Julius Abure and Lamidi Apapa are also among the defendant.
In the suit dated March 7, marked FHC/ABJ/CS/301/2024, and filed on behalf of the group by Ukpai Ukairo esq at a Federal High Court sitting in Abuja, the plaintiff prayed the court to deregister Labour Party.
The group asked the court to compel INEC to deregister Labour Party as a political party in Nigeria for violating some provisions of the 1999 Constitution, as amended.
The plaintiff is also seeking a declaration that it is illegal, unconstitutional and void for the INEC to continue to keep the name of Labour Party in the register of Political Parties in Nigeria, when it is manifest that the Labour Party is in breach of Sections 223(1(a)(2)(a) and 222(a) of the 1999 Constitution.
“A declaration that the Labour Party lacks the legal competence to sponsor candidate in any election being conducted by the INEC under the 1999 Constitution and the Electoral Act, 2022 as the Labour Party is in utter breach of Sections 223(1(a)(2)(a} and 222(a) of the 1999 Constitution.
The group is praying for an order compelling or directing INEC to exercise its powers under Section 225A of the 1999 Constitution to deregister the Labour Party as a political party registered in Nigeria with powers to field candidates in any election being conducted by the 1st Defendant (INEC) in so far as the Labour Party is in breach of Sections 223(1(a)(2)(a) and 222(a) of the 1999 Constitution.
They equally seek an order of perpetual injunction restraining INEC from extending to the Labour Party the facilities for the fielding of any candidate for any election being conducted by INEC under the 1999 Constitution in so far as the Labour Party is in breach of Sections 223(1(a}(2}{a) and 222(a) of the 1999 Constitution.
An order of perpetual injunction restraining the Julius Abure and Lamidi Apapa (3rd and 4th Defendants respectively) from holding out themselves or allowing themselves to be held out or presented as the National Chairman of the Labour Party in so far as none of them is the product of due compliance by the Labour Party with Sections 223(1(a)(2)(a) and 222(a) of the 1999 Constitution.
An affidavit in support of the originating process was deposed to by one Emmannuela Alisi, a civil rights crusader and Field Operations Officer of the Plaintiff
The deponent averred that it wrote to INEC on November 27, 2023, and on January 31, 2024, for a Certified True Copy of the Report of the Commission on the last National Convention of the Labour Party and list of the elected National Officers of the Labour Party.
Alisi stated that INEC refused to grant the request of the Plaintiff for reasons best known to it.
“That I know as a fact that the Labour Party had her last National Convention on the 10th day of June, 2019.
“That the Labour Party has not convened any other National Convention aside the 2019 Convention.
“That I know as a fact that the INEC has not received any notice of convention from the Labour Party Defendant after the 2019, Convention of the Party.
“That the 1999 Constitution of the Federal Republic of Nigeria (as amended) makes it mandatory for political parties to hold elections on a democratic basis for the election of their Principal Officers and Members of their Executive Committee at periodic intervals not exceeding four years.
“That the Constitution of the 2nd Defendant also makes provision for a-4 year periodical election of her principal officers and executive committee members in line with the provisions of the 1999 Constitution.
“That from June 10, 2019, when the 2nd Defendant had her last convention till today is more than four years.
“That the 1st Defendant is empowered to de-register political parties which do not meet the Constitutional requirements for registration.
“That every political party shall have the names and addresses of its National Officers registered with the 1st Defendant before it can function as a political party.
“That the names and addresses of the National Officers of the Labour Party are not registered with the 1st Defendant.
“That the 2nd Defendant intends to sponsor candidates for the 2024 Edo and Ondo States Governorship Elections.
“That the 3rd and 4th Defendants have purportedly conducted parallel primary elections and announced winners for the said primary elections.
“That the 1st Defendant is still recognizing the 2nd Defendant as a political party on the basis of the 2019 convention.
“That the 1st Defendant will receive list of candidates from the 2nd Defendant for purposes of publication and placing on the ballot for the said election if not restrained by the court.
“That as a Nigeria and civil rights crusader, I am bound to uphold the provisions and tenets of the 1999 Constitution” the deponent stated