The Supreme Court upheld the Court of Appeal’s decision that the de-registration of the Youth Party was unlawful, void, and unenforceable.
According to the court, Youth Party is registered and qualified to run in the 2023 election.
It dismissed the Independent National Electoral Commission’s appeal in a unanimous decision.
The Federal High Court in Abuja’s judgment, delivered by Justice Inyang Ekwo, was upheld by the justices, led by Uwani Musa Aji.
Youth Party pleaded with the Supreme Court to reject the appeal and uphold the lower court’s decision through its attorneys, Chief Bolaji Ayorinde, Chukwudi Adiukwu, and Wale Irokosu.
After receiving a judgment against it in the FHC/ABJ/CS/221/2017 case between Chukwudi Adiukwu and others vs. INEC on October 18, 2017, INEC had failed to register the party.
While the Federal High Court was hearing cases involving parties, the electoral umpire improperly deregistered the Youth Party.
Even after the judgment, which had not been overturned or stayed, INEC did not list the party as registered or permit it to take part in any elections.
Justice Ekwo ruled: “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 ruled that the defendant’s ability to de-register a party under Section 225A(b)&(c) of the 1999 Constitution (as amended) does not excuse its behavior while the case was still pending.
“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.”
