The Federal High Court in Abuja has dismissed a suit seeking to compel the Independent National Electoral Commission (INEC) to register a political affiliation as Wisdom Party (WP), 88 days earlier than the 2027 presidential election.
Delivering judgement, Judge James Omotosho held that the plaintiff’s declare lacked benefit and the suit had turn out to be educational.
The News Agency of Nigeria (NAN) experiences that the plaintiff, Chinasa Nwekeke, had filed the suit because the protem nationwide chairman and on behalf of Wisdom Party, a political affiliation seeking registration as a party.
Mrs Nwekeke sued INEC as the only defendant within the suit marked FHC/ABJ/CS/746/2026, filed on 14 April.
The plaintiff, via her lawyer, Mark Agbo, sought a declaration that the political affiliation, Wisdom Party, be recognised as a registered political party.
She mentioned she submitted the letter of intent on 22 September and INEC didn’t object to the affiliation’s title, image, and brand after the 90-day expiration..
She sought a declaration that the institution of INEC’s Fund pursuant to Sections 3 (1) & (2) of the Electoral Act, 2022, which the totality of the expenditure of the fee is charged, and Section 75(6) of the Electoral Act, 2022 which empowered INEC at its discretion to repair an administrative charge as a precondition processing an utility for registration of a political party are unreasonable, unwarranted, unjustified and inconsistent with part 4 (1) of the Electoral Act, 2022.
She sought a declaration that INEC’s failure to answer her letter of intent constituted a no-objection to the title, image and acronym of the plaintiff’s affiliation.
She additionally sought a declaration that the availability of Section 75 (6) of the Electoral Act, 2022 which gives for a separate supply of funds within the kind of charge or levy on political associations for the efficiency of the constitutional operate of registration of political events is inconsistent with Section 4 (1) (f) of the Electoral Act, 2022 and thus must be struck down by the court docket.
Mrs Nwekeke additional submitted that INEC’s failure to offer its account particulars to the plaintiff’s affiliation for cost of the executive charge was deemed a waiver and meant to frustrate the plaintiff’s affiliation’s utility.
She due to this fact prayed the court docket for an order directing the defendant to just accept from the plaintiff s affiliation its utility for registration as a political party.
She additionally sought a declaration that the applying submitted pursuant to the reduction above was correct.
INEC, via its lawyer, Segun Bello, disagreed with the plaintiff’s submissions.
The electoral umpire, in its counter-affidavit, acknowledged that the plaintiff’s letter of intent didn’t embrace a party image.
It added that the overall elections have been already scheduled to start out in January 2027, which means that granting the plaintiff’s prayers can be lower than 12 months till the overall elections.
The fee additionally submitted that the letter of intent written by the plaintiff’s affiliation didn’t meet the necessities of the regulation because it didn’t comprise the image of the proposed political party and thus it’s void.
It argued that since there was no legitimate letter of intent, the plaintiff’s affiliation had no proper to say reliefs.
INEC, due to this fact, urged the court docket to dismiss the suit.
Delivering the judgement, Judge Omotosho noticed that, by regulation, INEC is empowered to cost administrative charges for registration.
He added that “revenues generated by the defendant can be paid into the Independent National Electoral Commission Fund.”
“The administrative charge being debated by the plaintiff is supposed for the registration of political events and being a income accruing to the defendant it may possibly rightly be paid into the Fund.
“Importantly, this additionally implies that the defendant is inside its powers to demand for administrative or processing charges similar to charges for manufacturing and certification of nationwide voters register.
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“The proven fact that an establishment receives funding from the Federation Account doesn’t imply that it can not generate funds or cost charges for some of its actions.
“For occasion, the judiciary receives funding from the Consolidated Revenue Fund, nonetheless courts nonetheless repair submitting charges and processing charges for court docket processes.
“There is not any categorical prohibition on the defendant to chorus from fixing administrative charges.
“Consequently, I maintain that the defendant has po
wers to repair administrative charges for the aim of registration of political events.
“In closing evaluation, the declare of the plaintiff is with out benefit and the suit has turn out to be educational.
Consequently, the suit is hereby dismissed,” the decide dominated.
Nigeria at present has 22 registered political parties.
(NAN)
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