ABSTRACT

This study examines the right to belong to any lawful association guaranteed under our law, such that every citizen domiciled in Nigeria is allowed to form or subscribe to the membership of any association for the purpose of72 pursing political or economic interests so far its activities are permissible by law. This right which is garbed with international flavour has been equally recognised in Section 40 of the 1999 Constitution of the Federal Republic of Nigeria (hereinafter referred to as the Constitution).[1]

In light of the foregoing, where a group of persons expresses the intention to create a political party, they must by law sufficiently satisfy the statutory conditions highlighted under Sections 221 &222(a-f) of the 1999 Constitution. Where statutory conditions are satisfied such registration must be done by INEC as the body solely saddled with such responsibility.[2]  Notwithstanding the above, the power of INEC to deregister political parties pursuant to section 225a of the Constitution has been greeted with hot legal contestations. The question therefore is, can INEC de-register political parties with or without an order of the court? If the answer is in the affirmative, what happens to the fate of a fledgling political party that wins the least attractive political office in the country, a ward in a councillorship election, and out of political infidelity decides to defect to a major party for reasons best known to him, would the commission still earmark such unfortunate political party for extinction pursuant to Section 225(a) of the Fourth Alteration to the Constitution?