The incorporated Trustees of Centre for Reform and Public Advocacy has asked the Federal High Court in Abuja to deregister Labour Party (LP) and stop it from fielding candidates for Edo and Ondo states forthcoming elections or any election organized by Independent National Electoral Commission, INEC.
Centre for Reform and Public Advocacy said Labour Party has failed to elected its National officers after four years as required by the Constitution of Federal Republic of Nigeria 1999 as amended therefore it has ceased to exist as a political party.
It further told the court that failure to elect her Principal Officers and Executive Members after four years of her last convention in 2019 the LP is in breach of Section 223(1)(a}(2)(a) of the said Constitution.
In a suit marked : FHC/ ABJ/ CS / 301/2024 filed on March 6, by it lawyer
Ukpai O. Ukairo the Centre listed the Independent National Electoral Commission, Labour Party and Barr. Julius Abure and Lamidi Apapa as 1st, 2nd and 3rd respondents respectively.
The Centre for Reform and Public Advocacy pray the Court to remove Labour Party that came third in the 2023 general election from the list of political parties that are eligible to canvass for votes and sponsor candidates for election, LP haven breached the Constitution of Federal Republic of Nigeria 1999 as amended.
It also prayed the court for a declarative order that it is illegal, unconstitutional and void for INEC to continue to keep the name of Labour Party in the register of Political Parties in Nigeria “when it is manifest that the 2nd Defendant is in breach of Sections 223(1{a)(2)(a) and 222(a) of the 1999 Constitution.”
A declaration that LP, the 2nd Defendant lacks the legal competence to sponsor candidate in any election being conducted by INEC the 1st Defendant under the 1999 Constitution and the Electoral Act, 2022 as “the 2nd Defendant is in utter breach of Sections 223(1(a)(2)(a) and 222(a) of the 1999 Constitution.”
The Centre also prayed for an order compelling or directing INEC the 1st Defendant to exercise its powers under Section 225A of the 1999 Constitution to deregister Labour Party the 2nd Defendant as a political party registered in Nigeria with powers to field candidates in any election being conducted by the 1st Defendant , so far as the 2nd Defendant is in breach of Sections 223(1{a)(2)(a) and 222(a) of the 1999 Constitution.
An order of perpetual injunction restraining the 1st Defendant from extending to the 2nd Defendant the facilities for the fielding of any candidate for any election being conducted by the 1st Defendant under the 1999 Constitution in so far as the 2nd defendant is in breach of Sections 223(1(a)(2){a) and 222(a) of the 1999 Constitution.
A further order of perpetual injunction restraining Julius Abure and Lamidi Apapa the 3rd Defendants from holding out themselves or allowing themselves to address as the National Chairman of Labour Party as none of them is the
product of due compliance by the Labour Party with Sections 223(1(a)(2)(a) and 222(a) of the 1999 Constitution.
The Civil Society Organisation in suit had raised five questions for the determination of court thus: (1) Whether the 2-4 Defendants as presently constituted can function as a political party being in breach of Section 223)1)(a}2{a) of the 1999 Constitution of the Federal Republic of Nigeria visa-a-vis the provision of Section 222(a) of the 1999 Constitution?
(2)Whether the 2- 4 Defendants being in breach of Section 223(1)(a)(2Ka) can lawfully sponsor a candidate for any election being conducted by the 1st Defendant under the 1999 Constitution and the Electoral Act, 2022?
(3)Whether the 1st Defendant can receive any list of candidates from the 2-4 Defendant for purposes of publication of same as nominated candidates of the 2 Defendant in accordance with Section 29(3} of the Electoral Act, 2022 and placing the logo of the 2 Defendant on the Ballot for the 2024 Edo and Ondo States Governorship Elections?
(4)Whether by virtue of Section 225A(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended] the 1st Defendant is empowered to de-register the 2nd Defendant which is in breach of Section 222(a} of the said Constitution having failed to elect her Principal Officers and Executive Members after four years of her last convention in 2019 in breach of Section 223(1)(a}(2)(a) of the said Constitution?
(5) Whether each of the 3 Defendants: Julius Abure and Lamidi Apapa ought to be restrained from holding out themselves or allowing themselves to be held out as the National Chairman of the
Labour Party.
The suit has not been assigned for hearing.