A Federal High Court in Abuja on Wednesday ordered the Independent National Electoral Commission to issue Young Democratic Party registration certificate and accommodate its participation in the general election scheduled for March 28 and April 11.
The order was contained in a judgement delivered by Justice Ahmed Mohammed in the suit filed by Young Democratic Party, an association that approached the court in October last year after the Independent National Electoral Commission ignored its application.
The implication of the court order is that the electoral body may order a reprint of the ballot papers if it chooses not to appeal against the judgment.
The judge held that the YDP was deemed registered to participate in all elections organised when INEC failed to inform the then political association of its decision not to register it as a political party within 30 days of receiving its application, as required under Section 78 (4) of the Electoral Act, 2010.
According to the document in court, INEC received the association’s application on April 1, 2014 but only notified the applicant of its decision not to register it on September 15, 2014.
The court held that even the said belated letter of the electoral body was an attempt to satisfy exhibits already tendered in court.
Justice Mohammed said that INEC received completed application of the association on April 1, 2014 and made attempt to reply on August 13, four months after it received it, when the Electoral Act stipulated that the electoral body shall state reasons/defects of the application within 30 days of the receipt of the application or it shall be deemed registered as a political party.
He held that the plaintiff satisfied all the conditions required for registration and the defendant failed to discharge its obligation.
He said: “I am satisfied the plaintiff’s claims succeed and I grant all the relieves.”
In its originating summons, the party had prayed the court for declaration that INEC has no reason whatsoever to refuse to issue the plaintiff with its certificate of registration being that the plaintiff was deemed registered as a political party by virtue of the provisions of the Electoral Act, particularly Section 78 (4) and also considering the letter of submission of application dated the March 17, 2014.
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