December 20, (THEWILL) – Nigeria’s apex court, the Supreme Court of Justice, has declared the de-registration of the Youth Party, illegal, null and void.
The court, in a unanimous judgement of Justices, led by Justice Uwani Musa Aji, upheld the decision of Federal High Court, Abuja, delivered by Justice Inyang Ekwo and dismissed the appeal by the Independent National Electoral Commission (INEC).
INEC had failed to deregister the party after it got a judgement against it on October 18, 2017, in FHC/ABJ/CS/221/2017, between Chukwudi Adiukwu and others vs INEC.
Justice Ekwo had declared the purported de-registration illegal, null and void.
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 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”, Justice Ekwo held.
However, INEC approached the apex court to challenge the decision of the lower court.
The Youth Party, through its lawyers, Chief Bolaji Ayorinde, Chukwudi Adiukwu and Wale Irokosu, prayed the Supreme Court to dismiss the appeal and uphold the lower court’s judgement.
In a unanimous judgement led by Justice Aji, the apex court upheld the decision of the Federal High Court, Abuja, and dismissed the appeal by the Independent National Electoral Commission (INEC).
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