Supreme Court Says Youth Party Is A Registered Political Party

The Supreme Court of Nigeria has affirmed the judgment of the Abuja Division of the Court of Appeal, which declared the purported de-registration of the Youth Party (YP) illegal, null, and void’.

In its unanimous judgment, the Supreme Court dismantled the Appeal instituted by the Independent National Electoral Commission (INEC) and held that the Youth Party is a registered political Party, eligible to participate in the 2023 elections.

The Supreme Court Justices, led by Justice Uwani Musa Abba Aji, also affirmed the judgment of the Federal High Court, Abuja, delivered by Justice I.E. Ekwo that declared the purported de-registration of the Party illegal, null, and void, and that of the Court of Appeal, which also “found the action of the Appellant very reprehensive.”

It would be recalled that the Youth Party had through its lawyers, Chief Bolaji Ayorinde, SAN, leading, Chukwudi Adiukwu, and Wale Irokosu, prayed the Supreme Court to dismiss the Appeal and uphold the judgment of the lower court.

Before this time, the Federal High Court in Abuja had based its decision on INEC's persistent disregard for the law and judicial decisions in failing to register the Party within the time stipulated in law and preventing it from participating in elections, illegally.

INEC had refused to register the Party after it got a judgment against it in the suit designated FHC/ABJ/CS/221/2017, between Chukwudi Adiukwu & Ors V. INEC, delivered on October 18, 2017, until August 14, 2018, less than 5 days to the commencement of Party primaries in 2018. 

INEC had also illegally de-registered the Youth Party while both parties were before the Federal High Court over the issue.

The electoral body is also at the moment not listing the Party on its website as a registered Party or allowing it to participate in any election even in the face of the aforesaid judgment, which had not been set aside or stayed.

Specifically, the Justice Ekwo-led Federal High Court had in his judgment held that “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.”.

Justice Ekwo had further declared that the defendant's power, pursuant to Section 225 (A) (b) & (c) of the 1999 Constitution (as amended) to de-register a political party does not justify the action of the defendant while the case was pending before the lower court.

The judge said, “The defendant must understand that the Constitution is not an author of confusion. I condemn the action of the defendant as a wrong exercise of might. 

"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.”

Speaking on the judgment, the Party said, “INEC’s abuse of power and disregard for the rule of law has illegally frustrated several of our members from legitimately pursuing their aspirations. It has also cost the party an immeasurable amount of resources over the last few years. Thankfully, this illegality has ended.

“The decision of the Supreme Court also put paid to the orchestrated and incorrect media interpretation of the recent Supreme Court Case involving NUP and INEC, that it had effectively deregistered Youth Party and other parties. 

“It is pertinent to state that the 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 the Youth Party as upheld by the Court of Appeal.

“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.”

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