How INEC truncated participation of NCP presidential candidate, others in 2023 elections

The de-registration of some political parties by the Independent National Electoral Commission (INEC), given certain conditions, affected several political actors in diverse ways, truncated the aspiration of those who intended to contest for various legislative and executive offices in the 2023 general elections. Among the affected politicians is the potential presidential candidate of the de-registered National Conscience Party (NCP), Barrister Okiogbero Jonathan Edhebru, former National Legal Adviser of the NCP.

The NCP had challenged the de-registration of the party by the INEC at the Federal High Court sitting in Lagos.

The presiding Judge, Justice A.M. Liman, delivery judgement on the suit No: FHC/L/CS/544/2020, wherein the National Conscience Party and its National Chairman, Dr. Yunusa Salihu Tanko, were identified as Plaintiffs, and the Attorney General of the Federation and the INEC, were the defendants, declared: “the 1^st and 2^nd plaintiffs, (1) a political party called National Conscience Party (NCP), and (2) Dr. Yunusa Salihu Tanko, respectively, brought this suit by Originating summons, against the Defendants: (1) The Attorney General of the Federation and the Independent National Electoral Commission (INEC).

“My respectful view is that, the right to fair hearing, as potent and highly protective as the constitution designs it, cannot, in a very unique situation such as this, provide a defence other than one which can potentially disprove the factual basis in which INEC relies to de-register a political party.

“In other words, the plaintiffs’ sole claim of denial of fair hearing cannot fly without the factual proof that it is not affected by any of the provisions of section 225A.

“Having reached the above conclusion, I have but no Better inclination than to dismiss this suit in its entirety. It is, accordingly, dismissed for lack of merit.”

The NCP presidential candidate subsequently wrote the INEC, seeking waiver to contest the February 25 presidential election since the NCP was de-registered.  The commission declined, explaining that every candidate in the elections must be sponsored by a political party.

INEC in a letter to Okiogbero, the NCP presidential candidate, by the Secretary to the Commission, Rose Oriaran-Anthony,  dated January 5, 2023, acknowledged the receipt of the letter dated 31^st October, 2022, requesting a waiver for Barrister Okiogbero to contest the 2023 Presidential Election on the platform of the NCP, a de-registered party.

The Commission declared: “please take note that every person intending to contest election must be sponsored by a political party and comply with laid down procedures. It is ultra vires the function of the Commission to grant waiver to persons to contest election without following due process.”

Meanwhile, the NCP presidential candidate, Okiogbero, is yet to defect to any other party at the time of this report.

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