Court dismisses suit seeking registration of new political party

The Federal High Court in Abuja has dismissed a suit seeking to compel the Independent National Electoral Commission (INEC) to register a political association as Wisdom Party (WP), 88 days before the 2027 presidential election.

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Delivering judgement, Judge James Omotosho held that the plaintiff’s claim lacked merit and the suit had become academic.

The News Agency of Nigeria (NAN) reports that the plaintiff, Chinasa Nwekeke, had filed the suit as the protem national chairman and on behalf of Wisdom Party, a political association seeking registration as a party.

Mrs Nwekeke sued INEC as the sole defendant in the suit marked FHC/ABJ/CS/746/2026, filed on 14 April.

The plaintiff, through her lawyer, Mark Agbo, sought a declaration that the political association, Wisdom Party, be recognised as a registered political party.

She said she submitted the letter of intent on 22 September and INEC did not object to the association’s name, symbol, and logo after the 90-day expiration..

She sought a declaration that the establishment of INEC’s Fund pursuant to Sections 3 (1) & (2) of the Electoral Act, 2022, which the totality of the expenditure of the commission is charged, and Section 75(6) of the Electoral Act, 2022 which empowered INEC at its discretion to fix an administrative fee as a precondition processing an application for registration of a political party are unreasonable, unwarranted, unjustified and inconsistent with section 4 (1) of the Electoral Act, 2022.

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She sought a declaration that INEC’s failure to respond to her letter of intent constituted a no-objection to the name, symbol and acronym of the plaintiff’s association.

She also sought a declaration that the provision of Section 75 (6) of the Electoral Act, 2022 which provides for a separate source of funds in the form of fee or levy on political associations for the performance of the constitutional function of registration of political parties is inconsistent with Section 4 (1) (f) of the Electoral Act, 2022 and thus should be struck down by the court.

Mrs Nwekeke further submitted that INEC’s failure to provide its account details to the plaintiff’s association for payment of the administrative fee was deemed a waiver and intended to frustrate the plaintiff’s association’s application.

She therefore prayed the court for an order directing the defendant to accept from the plaintiff s association its application for registration as a political party.

She also sought a declaration that the application submitted pursuant to the relief above was proper.

INEC, through its lawyer, Segun Bello, disagreed with the plaintiff’s submissions.

The electoral umpire, in its counter-affidavit, stated that the plaintiff’s letter of intent did not include a party symbol.

It added that the general elections were already scheduled to start in January 2027, meaning that granting the plaintiff’s prayers would be less than 12 months until the general elections.

The commission also submitted that the letter of intent written by the plaintiff’s association did not meet the requirements of the law as it did not contain the symbol of the proposed political party and thus it is void.

It argued that since there was no valid letter of intent, the plaintiff’s association had no right to claim reliefs.

INEC, therefore, urged the court to dismiss the suit.

Delivering the judgement, Judge Omotosho observed that, by law, INEC is empowered to charge administrative fees for registration.

He added that “revenues generated by the defendant can be paid into the Independent National Electoral Commission Fund.”

“The administrative fee being debated by the plaintiff is meant for the registration of political parties and being a revenue accruing to the defendant it can rightly be paid into the Fund.

“Importantly, this also implies that the defendant is within its powers to demand for administrative or processing fees such as fees for production and certification of national voters register.

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“The fact that an institution receives funding from the Federation Account does not mean that it cannot generate funds or charge fees for some of its activities.

“For instance, the judiciary receives funding from the Consolidated Revenue Fund, however courts still fix filing fees and processing fees for court processes.

“There is no express prohibition on the defendant to refrain from fixing administrative fees.

“Consequently, I hold that the defendant has po

wers to fix administrative fees for the purpose of registration of political parties.

“In final analysis, the claim of the plaintiff is without merit and the suit has become academic.

Consequently, the suit is hereby dismissed,” the judge ruled.

Nigeria currently has 22 registered political parties.

(NAN)