Akwara: INEC Has Constitutional Powers To Deregister Non-Performing Political Parties
Lawyer Patrice Akwara says Nigeria’s constitution empowers INEC to deregister political parties that fail to meet electoral performance requirements.
Lawyer Patrice Akwara says Nigeria’s constitution empowers INEC to deregister political parties that fail to meet electoral performance requirements.
Lawyer Patrice Akwara has defended the legal basis for the proposed deregistration of certain political parties, stating that the Independent National Electoral Commission (INEC) is constitutionally empowered to remove parties that fail to meet prescribed electoral performance thresholds.
Speaking during an interview on ARISE News while discussing the legal controversy surrounding efforts to deregister some political parties, Akwara said the action derives directly from provisions of the 1999 Constitution.
“INEC has constitutional powers to deregister non-performing political parties,” he said.
According to Akwara, Section 225A of the Constitution empowers INEC to deregister parties that fail to secure the required level of electoral success.
“That section empowers INEC to deregister political parties,” he stated.
He explained that political parties may be deregistered if they fail to obtain at least 25 per cent of votes in a presidential election or fail to win seats in relevant elections as stipulated by law.
“If any party did not satisfy those criteria, the Constitution empowers INEC to deregister them,” he said.
Akwara emphasized that where a public institution fails to carry out a duty imposed on it by law, citizens have the right to seek judicial intervention.
“You can ask the court to compel that public authority to perform its duty,” he stated.
According to him, the legal action seeking the deregistration of the affected parties can be viewed as an attempt to compel INEC to perform a constitutional obligation.
“I see it as an effort to compel INEC to perform that duty,” he said.
While acknowledging public suspicion surrounding the timing of the case, Akwara maintained that the Constitution does not prescribe a specific timeframe within which INEC must carry out such deregistration.
“There is no provision that says INEC should do it at a particular time,” he stated.
He stated that although the timing may raise political questions, the constitutional provision itself remains valid.
“It may look suspicious, but the duty still exists,” he said.
Akwara further emphasized that constitutional obligations should not be ignored simply because they become politically contentious.
“The duty ought to be performed,” he stated.
According to him, debates over motive should not overshadow the legal powers granted to INEC under the Constitution.
“The Constitution already provides for it,” he said.
Akwara concluded that the controversy surrounding the deregistration of political parties should be examined primarily through the lens of constitutional law, insisting that INEC possesses the legal authority to deregister parties that fail to meet electoral performance requirements as set out in the Constitution.
