AMEH EJEKWONYILO writes on the suit instituted by some deregistered political parties challenging the Independent National Electoral Commission (INEC) over what they termed “imprudent” management of the commission’s foreign funding
Ahead of the 2015 general elections, the Peoples Redemption Party, the party led by Alhaji Balarabe Musa, and other political parties, have asked a Federal High Court in Abuja to compel the Independent National Electoral Commission to comply with financial accountability as a condition for accepting further foreign donations.
The Balarabe Musa-led de-registered PRP, has asked the court to stop INEC from receiving foreign funding.
In the originating summon, slated for hearing on Wednesday, PRP and two others urged the court to compel INEC to comply with financial accountability as a condition for accepting further foreign donations.
They contended that INEC failed to account for the previous funds it had received from foreign donors.
The plaintiffs also claimed that INEC was discriminating against them in its preparations for the 2015 general elections.
The other plaintiffs to the suit are the de-registered Hope Democratic Party (HDP) and People Progressive Party (PPP) and the Centre for Public Probity Studies.
Also in the court, were the national chairmen of the HDP and PPP, Chief Ambose Oworu and Dr Damian Ogbonna.
The National Assembly, the European Union and the United States Agency for International Development (USAID) were named as defendants to the suit.
Other defendants are: the United Nations Development Programme (UND P) and the Department for International Development (DFID) are also joined as co-defendants.
They also contended that INEC’s decision to de-register 28 political parties, including the plaintiffs was voided by court, but the electoral body had refused to obey the decision without appeal.
The plaintiffs accused the INEC of being discriminatory against them in its preparations for the 2015 elections and of failure to account for the previous fundings it had received from foreign donors.
They are urging the court to, among other prayers, declare that the INEC is not entitled to receive further foreign funding from the EU, USAID and the UNDP due to the commission’s alleged failures to obey court orders, observe the rule of law and account for the previous funds given to it.
A supporting affidavit filed by Miss Gift Friday, litigation secretary in the plaintiff’s lawyer’s firm, reads in part, “The 1st and 2nd defendants’ (INEC and National Assembly) earlier effort through insertion of questionable and illegal clauses in the Electoral Act to enable them deregister political parties at will was recently voided by a court.
“They have instead of obeying the court judgment resorted to acts of subterfuge to trample upon valid judgments of court of law in their bid to emasculate opposition political parties who they consider are radical in nature.
“That the fund they seek from donor foreign countries have never been accounted for or used for the purpose of mobilizing or supporting needed structures for a free and fair elections as they majorly exclude the involvement and participation of smaller political parties through undemocratic and unconstitutional means.”
They are therefore seeking among other prayers, “A declaration that the 1st defendant (INEC) is not entitled to further funding and or donation by foreign donor countries including the 3rd, 4th, 5th and 6th defendants, until it guarantees due compliance to acceptable democratic norms to obeying court orders and observance of rule of laws and financial accountability to previously donated foreign tax payers’ funds and undertaking to conduct a free and fair election devoid of partisanship.”
They have in addition to the suit, filed an application for interlocutory injunction against any acts of the defendants excluding them from the preparation for the 2015 election or threats by the defendants preventing them from sponsoring or canvassing for votes as a political party pending the determination of the suit.
“The first and second defendants’ (INEC and National Assembly) earlier efforts through insertion of questionable and illegal clauses in the Electoral Act to enable them deregister political parties at will was recently voided by a court.
“They have, instead of obeying the court judgment, resorted to acts of subterfuge to trample upon valid judgments of court of law.
“The fund they seek from donor foreign countries have never been accounted for or used for the purpose of mobilising or supporting needed structures for free and fair elections,’’ the plaintiffs said.
The plaintiffs also brought an application for interlocutory injunction seeking to stop INEC from excluding them from participating in the2015 elections.
They urged the court to order the defendants not to prevent them from sponsoring or canvassing for votes as political parties in 2015 elections, pending the final determination of the suit.
Hearing in the suit was stalled due to the absence of the presiding judge, Justice Evoh Stephen Chukwu.
The case was, therefore, rescheduled for Sept. 30.
