The Young
Democratic Party [YDP] has approached a Federal High Court for an order of
mandamus compelling the Independent National Independent Commission [INEC] to
re-issue it with a certificate of registration bearing the date of May 2, 2014,
being the date it was registered as a political party in compliance with the
orders of the court.
Already, the suit has been fixed for hearing on November 11, 2016 before
Justice Gabriel Kolawole of the Federal High Court, Abuja division.
In a motion exparte brought pursuant to order 34, rules 1, 2, 3 and 4 of the
Federal High Court rules, the applicant is demanding from INEC, the sum of N50
million, being damages for unlawful and unconstitutional denial of her rights
and privileges as a political party.
The applicant is also asking for a declaration of the court that the refusal of
INEC to comply with the judgment of a Federal High Court in suit N0.
FHC/ABJ/CS/736/2014 between Young Democratic Party Vs Independent National
Electoral Commission [INEC], delivered on March 4, 2015 directing the electoral
body to issue it with the certificate of registration bearing the date of May
2, 2014, being the date it was deemed registered by operation of law, is
unlawful, illegal and unconstitutional.
In the said judgment in reference, Justice Ahmed Mohammed of a Federal High
Court sitting in Abuja had on March 4, 2015 held “It is therefore clear that
from whatever angle one looks at the peculiar circumstances of this matter, the
defendant [INEC], has not discharged its obligation of informing the plaintiff
of the decision not to register it as a political party within 30 days
stipulated in section 78 [4] of the Electoral Act. The effect of not informing
the plaintiff within 30 days of the defendant’s decision not to register
plaintiff as a political party is clearly slept out in section of the Act, and
which is that the plaintiff is deemed to have been registered as a political
party by operation of law.”
Although INEC appealed against the decision of the trial court, it lost as the
Justice Tinuade Akomolafe-Wilson led three-member panel of the court on
December 8, 2015, affirmed the judgment of the lower court.
In
the suit with No. FCH/ABJ/CS/891/2016 filed by Gordy Uche [SAN], the party
which predicated its case on 23 grounds stated that, INEC had only partially
complied with the judgment of the court by issuing it a certificate of
registration dated January 11, 2016, to take effect from December 8, 2016 and
not properly dated as May 2, 2014.
The applicant further stated that it complained severally to the respondent to
re-issue her with another certificate of registration to correct the error to
no avail.
“That the applicant dissatisfied with the conduct of the respondent, then
briefed the law firm of Gordy Uche [SAN], who wrote a letter dated June 6, 2016
to the respondent, demanding full and immediate compliance with the said
judgment with respect to date of the certificate of registration.
It is also the position of the applicant that although the said letter from its
counsel was received and acknowledged by INEC, the commission has refused to
fully and correctly implements the said judgment of the court in its favour.
That
rather than complying with the judgment, "the respondent merely issued the
applicant with a certificate of registration with wrong date, in a calculated
bid to frustrate, nullify and render nugatory the convention of the applicant
and acts approved therein."
In addition, it the case of the applicant that INEC is deliberately
foot-dragging in complying with the said judgment in a bid to nullify all
lawful activities it had already carried out and executed before the date
affixed on the certificate of registration most especially its National
Convention and election of officers.
Meanwhile
Political experts have expressed fears that the matter if not properly handled
is capable of upturning the Edo governorship election and the forthcoming
election in Ondo state.
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