Registration of Youth Party’s affirmed

SUPREME Court has affirmed Court of Appeal judgment declaring de-registration of Youth Party illegal, null and void.

The court, in a unanimous judgment, dismissed the appeal by Independent National Electoral Commission (INEC).

It held that Youth Party is registered and eligible to participate in 2023 electionS.

The Justices, led by Uwani Musa Aji, upheld the decision of Federal High Court, Abuja, delivered by Justice Inyang Ekwo.

Justice Ekwo had declared the purported de-registration  illegal, null and void.

Youth Party, through its lawyers – Chief Bolaji Ayorinde, Chukwudi Adiukwu, and Wale Irokosu, urged the Supreme Court to dismiss the appeal and uphold the lower court’s judgment.

INEC had failed to register the party after it got a judgment against it on October 18, 2017, in FHC/ABJ/CS/221/2017 between Chukwudi Adiukwu and others vs INEC.

The electoral umpire illegally de-registered Youth Party while parties were before the Federal High Court.

INEC has not listed the party on its website as registered or allowed it to participate in any election even after the judgment, which had not been set aside or stayed.

Justice Ekwo held: “The defendant is not above the law. No person or parties to an action is allowed to resort to self-help when an action is pending in court.”

The court held that the defendant’s power under Section 225A (b) & (c) of the 1999 Constitution (as amended) to de-register a party does not justify its action  while the case was pending before the court.

“The defendant must understand that the constitution is not an author of confusion.

“I condemn the action of the defendant as a wrong.

“Therefore, the de-registration of the plaintiff during the pendency of this action by the defendant is illegal, null and void, and liable to be set aside.

“Consequently, I hereby make an order setting aside the de-registration of the plaintiff.”

The party said the failure to register it on time had adversely affected it.

It said: “INEC’s abuse of power and disregard for the rule of law has illegally frustrated our members from legitimately pursuing their aspirations.

“It has also cost the party resources over years.

“The decision also put paid to the orchestrated and incorrect media interpretation of the recent Supreme Court case involving NUP and INEC that it had deregistered Youth Party and other parties…’’

“It is pertinent to state that Youth Party was not a party to the case and the facts of the case were different from its case.

“Essentially, it cannot serve as a judicial precedent against Youth Party as upheld by the Court of Appeal today.

“Once again, we thank the Nigerian judiciary for giving us hope that the rule of law is still sacrosanct and the judiciary is the hope of our democracy.

“We enjoin INEC to respect the constitutional rights of our members and the Nigerian electorates to freely elect their leaders by allowing the candidates of the Party for the Eti Osa 1 House of Assembly Seat in Lagos State, Tari Taylaur, as well as its gubernatorial candidate in Abia State, Mrs Victoria Oluchi Farley-Bradford, to participate freely in the 2023 elections.”

(Nation)