Order compelling INEC to register PUP, still subsists, Court insists

The Federal High Court sitting in Abuja on Tuesday insisted that its order made on November 8, that compelled the Independent National Electoral Commission (INEC), to register People Unity Party (PUP) still subsists. Justice Binta Nyako affirmed his decision yesterday when INEC came to the Court seeking to set aside the same judgement. PUP had earlier approached the court on September 14 with a motion on notice against INEC as the sole respondent. The grouse of the party was that INEC refused to register it, even after; it has fulfilled all the conditions. In the suit, the political association prayed the court to declare that it has been registered by operation of law. The party also prayed for a declaration that as a registered political party, it is competent to participate in the 2019 general elections. In addition, the plaintiff prayed the court for an order of mandamus compelling INEC to document its registration and that its name should bring included as participating political party in 2019 general elections. When the matter came up in November, INEC was not represented; neither did it send in legal representation. After about two adjournments, without INEC showing up, the court entered into a default judgement against the election umpire. In its judgement, the court held that in the “absence of any defence, judgement is hereby entered in favour of the plaintiff”. The court thereby made an order compelling INEC to document the registration of PUP. The court made an order compelling the INEC to include the PUP as a participating political party in 2019 general election. In addition, the court made an order restraining INEC or any of its agents from taking any action or doing anything that would prevent the PUP from participating as a political party in the general elections. However, when the matter came up yesterday, counsel to INEC , Hassan Umar brought an application seeking the court to set aside its earlier judgement which compelled it to register PUP. Justice Nyako, however frowned at the application brought by INEC, when it (INEC) was given ample opportunity to defend the action of the PUP at the hearing stage. The judge wondered why the electoral body did not show up in court at the hearing stage, but showed up all of a sudden to upturn the judgement. Umar pleaded with the court, stating that the matter was heard on a day, the said application was meant to be for mention. The judge cuts in, and corrected the notion, in ground that hearing notice was served on INEC and it refused to appear. He added that, even if the matter was for mention, INEC was expected to appear before it. Counsel to PUP, Folarin Aluko opposed the application brought by INEC, on ground that it was brought in bad fate. When, counsel to INEC realized that he was not having his way to move the motion, he prayed the court for an adjournment to enable him move his application. The court later adjourned till January 15 for hearing. Speaking, after the proceedings, Aluko stated that the party will move to enforce the judgement and if INEC still refused , it will file a contempt charge against its Chairman. By Andrew Orolua, Abuja