Court overrules electoral body on new parties

A court in Nigeria’s capital, Abuja, on Tuesday ordered the Independent National Electoral Commission (INEC), to refund application fees that new political parties seeking registration were charged, saying this was unconstitutional. Some 27 parties submitted application forms along with 100,000 naira each (US $862) demanded by INEC to enable them participate in 10 August local elections and general elections next year. But the parties filed a suit against INEC challenging the fees and other conditions as unconstitutional. Justice Jonah Adah of the federal high court ruled that "the condition of payment of a registration fee or 100,000 naira or any amount before an association can be registered is not provided for in the constitution”. He said INEC cannot give any guidelines outside what is provided in the constitution and ordered immediate refund of the fees. The judge also lifted an earlier injunction he had issued against processing of the applications filed by the parties pending the determination of the case. INEC spokesman, Okpo Sam Okpo, told reporters the electoral body was satisfied with the ruling and would start the processing of the applications immediately. Those that meet the requirements would be announced on 22 June and issued certificates of registration on 24 June. But Gani Fawehinmi of the National Conscience Party, who was also the lawyer for the 27 political parties, expressed displeasure that only four of 17 reliefs sought were granted. He said the parties would file an appeal against the judgment. The new parties hope to join three existing parties, the ruling People’s Democratic Party, the All People’s Party and the Alliance for Democracy, in contesting the first general elections since military rule ended 15 years ago. Some of the parties accused the PDP of influencing INEC to introduce stringent rules for registration in order to keep out opponents. No successful general elections have been overseen by an elected government in Nigeria’s history, a fact which makes the coming polls very crucial. President Olusegun Obasanjo, worried by a growing spectre of electoral violence, has raised concern about the future of Nigeria’s democracy and has proposed a law to outlaw violence during the polls.