Posted by From Funso Muraina in Abuja on
Twenty political parties have taken the Independent National Electoral Commission (INEC), to court over the enactment of.....
Twenty political parties have taken the Independent National Electoral Commission (INEC), to court over the enactment of Section 91 of the Electoral Act 2006, which determines a sharing ratio of annual grant of 10 per cent equality and 90 per cent proportion of seats in the National Assembly.
In an originating summon at the Federal High Court, Abuja, in which the Attorney-General of the Federation was a defendant, the Plaintiffs asked the court to clarify whether the National Assembly is competent to enact Section 91 of the Electoral Act 2006, in relation to annual grants to assist political parties in discharging their functions when the constitution of the Federal Republic of Nigeria has made provisions covering the field in that area.
They also asked the court to pronounce on whether Section 91 Sub Section 2 (a and b) of the Electoral Act, 2006 determines the sharing ratio of annual grants to assist political parties discharge their functions of 10 per cent equality and 90 per cent proportion of seats in the National Assembly is not illegal and unconstitutional, having regard to Section 228 (c) of the Constitution.
Plaintiffs in the suit are: Citizens Popular Party; African Democratic Congress; All Peoples Liberation Party; Better Nigeria Progressive Party; Community Party of Nigeria; Justice Party; Labour Party; Liberation Democratic Party of Nigeria; Masses Movement of Nigeria and National Action Council.
Others are National Consci-ence Party; New Democrats; New Nigeria Peoples Party; Nigeria Advance Party; Nigeria Peoples Congress; Peoples Mandate Party; United Democ-ratic Party; United Nigeria Peoples Party; Movement for Democracy and Justice and Democratic Alternative.
The suit was supported by a 15-paragraph affidavit deposed to by Maxi Okwu, National Chairman, Citizens Popular Party and Coordinating Chairman for plaintiffs in the case.
The deponent said in the affidavit that INEC recently disbursed part of the N600 million annual grant approved in the Appropriation Act 2006, and that each of the 37 registered political parties including the plaintiffs' applicants received a cheque of N4, 864,864.86 from INEC.
He said that was the first time since the coming into force of the Constitution of the Federal Republic of Nigeria 1999, that an annual grant for political parties was made.
According to him, INEC shared 30 per cent of the N600 million appropriated as annual grant to political parties in the Appropriation Act 2006, adding that INEC still has about 70 per cent of the appropriated amount, approximating N420 million.
If INEC was not restrained by the court, he averred, the electoral body would disburse the amount the Peoples Democratic Party (PDP); All Nigeria Peoples Party (ANPP); Alliance for Democracy (AD), All Progressives Grand Alliance (APGA), National Democratic Party (NDP) United Nigeria Peoples Party (UNPP) and Peoples Redemption Party (PRP).
He specifically clarify that with the provisions in section 91 of the Electoral Act 2006, PDP would get 75 per cent of the N420 million outstanding grant.
The plaintiffs are asking the court for the following reliefs: *A declaration that appropriation to the 1st defendant (INEC) and bases for distribution of annual grants to political parties is governed by the provisions of the constitution of the Federal Republic of Nigeria.
*A declaration that section 91 of the Electoral Act 2006 to the extent it purports to repeat, enlarge or curtail powers granted by the Constitution of the Federal Republic of Nigeria 1999 is inoperative and or illegal, unconstitutional, null and void.
*An order of perpetual injunction restraining the defendants whether by themselves, their agents, privies and servants from further disbursement of grants to political parties on the bases of the sharing ratio found in section 91 of the Electoral Act 2006.
*An order compelling the 1st defendant (INEC) to disburse the N420 million being balance of the annual grant for 2006 to all political parties on the bases of equality.