The Supreme Court has affirmed the judgment of the Court of Appeal, which declared the purported de-registration of the Youth Party illegal, null and void.
The apex court in its unanimous judgment dismissed the appeal filed by the Independent National Electoral Commission, INEC and held that Youth Party is a registered political party, eligible to participate in 2023 elections.
The apex court Justices led by Justice Uwani Aji, upheld the decision of the Federal High Court Abuja delivered by Justice I.E. Ekwo that declared the purported de-registration of the party illegal, null and void, and, that of the Court of Appeal which also “found the action of the appellant very reprehensive.
The Youth Party’s had through its lawyers, Chief Bolaji Ayorinde, SAN, leading, Chukwudi Adiukwu, and Wale Irokosu, urged the apex court to dismiss the appeal and uphold the judgment of the lower court.
The judjment at the lower courts was based on the INEC persistent disregard for the law and judicial decisions in failing to register the party within the time stipulated in the law and preventing it from participating in elections illegally.
INEC had failed to register the party after it got a judgment against it in FHC/ABJ/CS/221/2017 between Chukwudi Adiukwu & Ors V. INEC delivered on October 18, 2017, until August 14, 2018, less than five days to the commencement of party primaries in 2018.
Justice I.E. Ekwo had held “The defendant must understand that the constitution is not an author of confusion. I condemn the action of the defendant as a wrong exercise of might. Therefore, the de-registration of the plaintiff during the pendency of this action by the defendant is illegal, null and void, and liable to be set aside. Consequently, I hereby make an order setting aside the de-registration of the Plaintiff.”