The Enugu division of the Court of Appeal has ordered the restoration of seven political parties de-registered by the Independent National Electoral Commission, INEC on August 18, 2011. The lucky political parties are Democratic Alternative, DA; National Action Council, NAC; National Democratic Liberty Party, NDLP; Masses Movement of Nigeria, MMN; Nigeria Peoples Congress, NPC; Nigeria Elements Progressive Party, NEPP and National Unity Party, NUP. It would be recalled that INEC had on August 18, 2011, de-registered the parties for failure to win any seat either in the state House of Assembly or National Assembly, pursuant to Section 78 (7) of the Electoral Act 2010 as amended. However, a legal luminary based in Onitsha, Jezie Ekejiuba approached a Federal High Court to confront the de-registration of the parties by INEC. He insisted that the action was unconstitutional. Delivering judgment at the time, the Federal High Court, presided over by Justice J. Ojukwu, dismissed the suit for lack of merit. The trial court declared that INEC had the power to de-register political parties under the Nigerian constitution. But not satisfied, Ekejiuba headed to the Appellate Court to challenge the decision. In its overwhelming judgment delivered by Justice Tom Yakubu on behalf of other judges that agreed, Justice Rita Pemu and Justice Omodere Bolaji-Yusuf, the upper court set aside the Federal High Court’s judgment and directed the restoration to life of all the seven de-registered political parties and granted all the five reliefs sought by the plaintiff/appellant.
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