Court didn’t order YDP’s inclusion in polls, judgment reveals

Contrary to the claim by the officials
of the new Young Democratic Party
that the Federal High Court in Abuja,
had ordered the Independent
National Electoral Commission to
allow it to participate in the
forthcoming polls, a copy of the
court’s enrolled order obtained on
Wednesday showed that the court
did not make such order.
The party had on the strength of
the alleged court’s pronouncement
scheduled its primaries for March 26
and 27, ahead of the general
elections which are to hold on
March 28 and April 11.
But Justice Ahmed Mohammed in
the judgment delivered on March 4,
2015, only among three other
orders, ordered the INEC to issue
certificate of registration to the
party.
The judge held that YDP was
deemed registered as a political
party by the virtue of the failure of
INEC to communicate its decision
not to register the then political
association as a political party
within 30 days of receiving its (the
plaintiff’s) application, as stipulated
in section 78 (4) of the Electoral Act.
A copy of the court’s judgment also
obtained on Wednesday showed
that the plaintiff – the YDP – did not
ask for inclusion in the polls in its
amended originating summons
dated December 2, 2014.
The court however did not ask INEC
to allow the party to field
candidates in the forthcoming
polls.
The court only made four specific
orders in the suit marked, FHC/ABJ/
CS/ZRF/2014, as follows, “It is
hereby declared that the defendant
(INEC) has no reason whatsoever to
refuse to issue the plaintiff with its
certificate of registration, being
that the plaintiff (YDP) was deemed
registered as a political party by
virtue of the provisions of the
Electoral Act, particularly Section
78(4), and also considering the
letter of submission of application
dated March 17, 2014.
“It is hereby declared that the
defendant has no reason
whatsoever to refuse to issue the
plaintiff with its certificate of
registration, being that the plaintiff
was deemed registered as a
political party by virtue of the
provisions of the Electoral Act,
particularly Section 78(4), and also
considering the letter from the
defendant to the plaintiff, dated
August 13, 2014 titled: Re:
Application for Registration as
political party.
“An order is also made directing the
defendant to issue the plaintiff
with its certificate of registration.
“Parties are to bear their own cost.”
When contacted for his reaction
one of the lawyers of the party and
also an official of the party, Mr. Ugo
Nwofor, said he would call back.
As of the time of filing the report at
about 8.24pm on Wednesday,
Nwofor had yet to call back or reply
to our correspondent’s text
message enquiry.
Meanwhile, a Senior Advocate of
Nigeria, Sebastine Hon, has
described the party’s demand for
inclusion in the forthcoming polls
as baseless and untenable.
Hon advised the YDP to prepare for
the 2019 general elections because
it was no longer practicable for INEC
to include it in this year’s elections.