- Femi Falana has stated that INEC has wide powers to de-register political parties that fail to scale some minimum electoral tests
- The human rights lawyer said the power was restored to the electoral commission following the 2017 constitutional amendment
- Falana pointed out that a party can be de-registered if it breaches any of the requirements for registration and fails to win at least 25 percent of votes cast in one state during a presidential election, amongst other requirements
- The senior advocate said 91 registered political parties may have been reduced to less than 10; going by the result of the 2019 elections
The Independent National Electoral Commission (INEC) has been reminded by Femi Falana, SAN, that it has wide powers to de-register political parties that fail to scale some minimum electoral tests.
Falana said this in a statement released on Sunday, March 17, Vanguard reports.
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Legit.ng gathers that the human rights lawyer said the number of political parties will be cut from 91 to less than 10, if the rules are applied.
The lawyer, contrary to the widespread belief that INEC has no such power, said the power was restored to the electoral commission following the 2017 constitutional amendment.
Falana recalled how INEC’s power was successfully challenged by some political parties after the amendment of the Electoral Act in 2010.
He said the commission was bolstered by the National Assembly, via the constitutional amendment.
He said: “Disturbed by the mockery of multi party democracy in the country through the unprincipled proliferation of political parties the National Assembly amended the Electoral Act 2010 to empower INEC to de-register political parties that failed to win any election.
“Since political parties were registered pursuant to section 222 of the constitution, the suits filed by the affected political parties succeeded as the Federal High Court declared the amendment unconstitutional and set it aside.
“However, the National Assembly took advantage of the 2017 constitutional review to reduce the number of registered political parties in the country. Thus, the constitution of the Federal Republic of Nigeria, 1999 (Fourth Alteration, No 9) Act, 2017 enacted on May 4, 2017 has amended section 225 of the 1999 constitution to empower the Independent National Electoral Commission to de-register political parties."
Falana pointed out that a party can be de-registered if it breaches any of the requirements for registration and fails to win at least 25 percent of votes cast in one state of the federation in a presidential election; or one local government of the state in a governorship election
If it fails to win at least one ward in the chairmanship election; one seat in the national or state House of Assembly election or one seat in the councillorship election, a political party can also be de-registered.
He continued: “From the foregoing, it is indubitably clear that INEC has been conferred with enormous powers to de-register political parties that fail to meet the fresh constitutional prerequisites.
“Going by the results of the 2019 general elections, the 91 registered political parties may have been reduced to less than 10 that may have scaled the constitutional hurdle.
“Not a few people would hail the constitutional amendment in view of the prostitution of the political system by political parties that are ill-equipped to promote participatory democracy, economic freedom, human rights and rule of law.
“But it ought to be pointed out that the planned de-registration of political parties that fail to win elections is likely to limit the political space to the so called mainstream political parties that are not committed to any political philosophy or ideology.”
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Meanwhile, Legit.ng previously reported that as the Peoples Democratic Party (PDP)'s presidential candidate, Atiku Abubakar, headed to court to challenge the result of the presidential poll, Femi Falana said his chances of winning in court were very slim.
Falana said he would have been surprised if the PDP presidential candidate had won the election.
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Source: Legit.ng
