ABSTRACT
This study examines the right to belong to any lawful association has been adequately guaranteed under our law, such that every citizen domiciles in Nigeria is allowed to form or subscribe to the membership of any association for the purpose of 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] Therefore, these associations include, political parties, trade unions, companies among others.
In light of the foregoing, where a group of persons expresses the intention of creating a political party, they must by law sufficiently satisfy the conditions highlighted under Sections 221 &222 of the Constitution. To wit, such political party must be registered by the Independent Electoral National Commission (INEC) which is the statutory body designated for such responsibility.[2] Though, the power of the Commission to register political parties have enjoyed legal tranquillity both from the constitution, the court as well as from political parties. However, its attendant power to de-register registered political parties that have failed to meet up with the salient provisions of the law have been greeted with severe legal contestations among constitutional law scholars. Thus, in light of the above, the following legal questions will be deemed pertinent. 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 small political party that wins the lest 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?
