Section 76
Decision of the Commission subject to judicial reviewThe decision of the Commission not to register any association as a political party may be challenged in the Federal High Court, provided that any legal action challenging the decision of the Commission shall be commenced within 14 days from the date of receipt of the decision on non-registration from the Commission.
This provision provides for legal redress and an opportunity to challenge the decision of the Commission to not register an association.
The principle of checks and balances in governance ensures that the Commission as a part of the executive arm of government cannot act absolutely without some measure of checks by way of judicial review of its decision to refuse to register a political party especially as it affects the rights of citizens. The right to form and register a political party is intrinsically derived from Section 40 of the 1999 Constitution, which provides for the right of citizens to assemble freely and associate with other persons.
This issue came up in 2002 when representatives of the People’s Redemption Party, Movement for Democracy and Justice, Nigeria Peoples’ Congress, Community Party of Nigeria, National Conscience Party and 22 other political associations challenged INEC’s decision to reject their application for registration as political parties on the basis of their failure to establish offices in at least 24 States in the Federation and a National Headquarters in Abuja. The Supreme Court ruling reversed the decision of INEC in refusing to register the associations as political parties on the basis that no other conditions other than those provided in the Constitution should be taken into account in registration of political parties.
INEC V. MUSA (2003) 3 NWLR (PT. 806) 72 AT 160 PARAS C-E
“There is no doubt that the Independent National Electoral Commission has power to register political parties and the National Assembly can legislate in regard to the exercise of those powers. Where, however, in the exercise of its legislative power to make laws to provide for the registration, monitoring and regulation of political parties, the National Assembly purports to decree conditions of eligibility of an association to function as a political party, it would have acted outside its legislative authority as stated in the Constitution. Similarly, INEC’s acting under such law to prescribe conditions for eligibility would have acted inconsistently with the Constitution.”
