Three renowned constitutional lawyers, Prof Itse Sagay (SAN), Mallam Yusuf Ali (SAN) and Mallam Abubakar Malami (SAN) have told the Independent National Electoral Commission (INEC) that the merging political parties seeking to be registered as All Progressives Congress (APC) have crossed the constitutional hurdles.
There has been anxiety that INEC has been put under intense pressure from politicians to deny the APC registration.
This is even as security may be beefed up in the nation’s capital, Abuja, following the threat by the leadership of the yet-to-be-registered APC to storm the city if INEC refused to announce its registration.
But the electoral body has since denied that it was under any form of pressure to stop the merging parties from being registered.
The chief press secretary to the INEC chairman Prof Attahiru Jega, Mr Kayode Idowu, has denied the report of any plan to frustrate the merger, stating that there was no basis for the parties to exercise any fear as the Electoral Act was clear on merging processes.
He also noted that there is no court injunction compelling INEC to stop the merger even as he said the electoral body will decide on the APC’s request tomorrow (Thursday).
“The stipulated 30 days after application for registration has not lapsed; so the commission has not broken any law,” Idowu said.
Regarding the issue of registration merging parties to form a political party, Section 84 (4) of the Electoral Act 2010 says: “On receipt of the request for merger of political parties, the Commission shall consider the request and, if the parties have fulfilled the requirements of the Constitution and this Act, approve the proposed merger and communicate its decision to the parties concerned before the expiration of 30 days from the date of the receipt of the formal request-
“Provided that if the Commission fails to communicate its decision within 30 days the merger shall be deemed to be effective.”
Commenting on the legal issue over the matter, Prof Sagay warned that anything contrary to the registration of the APC meant a breach of the law.
He said: “The laws are clear and very unambiguous for all to see and discern; as far as the Electoral Law is concerned, the APC as an aspiring party has crossed all necessary hurdles to be registered as a political party.
“The case is made simpler and clearer by the fact that there is no injunction stopping INEC from registering the APC that is emerging from the coalition of some political parties.
“In any case, the law is simple to the extent that, as it stands today, the APC has fulfilled all requirements needed to be registered as a political party.
“Even if the other fake APC, which is being sponsored by some elements in my own thinking, feels otherwise, they should go to court and challenge the decision of INEC because there is no subsisting injunction stopping anyone including INEC from registering APC.”
Ali also advised INEC not to create anxiety.
Ali said: “If the party has met the statutory requirements following the rules, it should be assumed that INEC has sufficient grounds to register the party; the onus is on INEC to register the party rather creating anxiety.”
Aligning with both Sagay and Ali, Malami also opined that once there is no objection from INEC within the stipulated 30 days, such a party seeking registration is deemed to have been registered.
According to him, “the position of the law is clear on this; INEC is expected to make pronouncement on party party’s request for registration within 30 days.
“If the electoral body refuses to make a pronouncement at the end of 30 days, such a party is deemed to have been registered because the operative word is this regard is within 30 days and not otherwise”
The controversial group, African People’s Congress (APC), had, in May, lost the battle to get registered by INEC as a political party.
The letter, with reference number INEC/DPPM&L/APC/490/V.1/76, dated March 21 was signed by Abdullahi Kaugama, INEC secretary.
It reads in part: “Your application for registration as a political party dated February 28, 2013 refers.
“The Commission has observed that your Association is in breach of Section 222(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which stipulates as follows:
“No Association by whatever name called shall function as a Political Party unless: (a) The names and addresses of its national officers are registered with the Independent National Electoral Commission.
“A close observation of your submitted Form PA 1 established that it does not contain the addresses of your national officers as stipulated in the provision above.
“Consequently, the Commission shall not register the proposed African People’s Congress as a political party.”
Source: Leadership
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