The Federal High Court, Abuja Division, on Wednesday, dismissed a suit filed by a human rights lawyer, Ejime Okolie, against the Independent National Electoral Commission (INEC) and 19 political parties.
Mr Okolie filed the case to challenge alleged imposition of outrageous expression of interest (EoI) and nomination fees for card-carrying members vying for political offices by parties in the country.
Justice Binta Nyako, in a judgment, dismissed the suit on the grounds that the issue raised by the lawyer falls extremely within the internal affairs of political parties and that the court would not interfere in such cases.
According to Justice Nyako, that the fee charged by a political party is too high does not amount to constitutional wrong.
The judge observed that though all the parties in the suit were duly served with court documents, only few of them responded.
She said few of the respondents filed preliminary objections where they challenged Mr Okolie’s legal right to institute the case.
The judge, therefore, said that political parties have their set rules and guidelines, even though the constitution gives everyone the right to associate.
She said a member is free to leave one party for another if he is unsatisfied with the way and manner a party conducts its affairs.
Justice Nyako, who appreciated Mr Okolie’s efforts in instituting the suit, said the application failed to succeed.
Responding, the lawyer said he had taken the judgment in good faith.
Mr Okolie said the court has the discretionary power to either grant or refuse his application.
He said he would have loved to appeal against the decision but there was no time because political activities had begun and his case might become academic at the Appeal Court.
“My interest is for democracy, for good governance and I have done my best for my nation,” he said during an interview.
Also speaking, the National Legal Adviser of Young Progressives Party (YPP), Uche-Levis Abonyi, described the judgment as “sound.”
“I quite agree with my lord because this matter is a matter that is exclusively within the affairs of political parties.
“INEC no longer funds political parties and the only way a political party makes money is through the nomination and expression of interest forms. So, it is a matter within the internal affairs of political parties.
“If a member feels this party is very expensive and he cannot run under their platform, there are several other political parties that you can fly their flags. That is why it is democracy,” he said.
Mr Okolie, who sued for himself and on behalf of millions of Nigerian citizens desirous of participating in the electoral process, prayed the court to stop political parties from imposing exorbitant fees in the sale of their expression of interest and nomination forms to aspirants vying for political offices.
He urged Justice Nyako to direct INEC to issue binding guidelines that would regulate reasonable maximum thresholds for the fees.
He also sought an order restraining the parties from fixing or enforcing any EOI or nomination fees for the primaries of 2027 general elections that have the effect of excluding qualified Nigerian citizens from contesting in the polls.
Besides, he sought an order that the reliefs granted herein shall operate prospectively, for the protection of constitutional rights ahead of the elections.
Although there was no legal representation for the All Progressives Congress (APC), Peoples Democratic Party (PDP), Labour Party (LP), among others, some of the other parties were represented.
Those represented in court include African Democratic Congress (ADC), All Progressives Grand Alliance (APGA), YPP, Accord (A), Zenith Labour Party (ZLP),, Action People’s Party (APP), National Rescue Movement (NRC), INEC and the Attorney-General of the F asederation (AGF) were represented in court by their counsel.
In their arguments, A. I Garba (ADC), Emmauneul Shodeinde (APGA), U. L. Aboyin (YPP), H. A. Adeleke (A), T. Enahoro (ZLP), Peter Abang (APP), G. S Iwu (NRC) and Adams Bello (INEC) urged the court to dismiss the suit for lacking in merit.
Also the Accord (A), ZLP and INEC, in their separate notices of preliminary objection, argued that Mr Okolie lacked locus standi (legal right) to file the suit.
They equally challenged the jurisdiction of the court to hear the case which bordered on internal affairs of political parties, among other grounds.
However, Olayinka Akanle, who appeared for AGF, did not file processes.
Mr Okolie, in the fundamental right suit, had urged the court to declare that the fixation, imposition and enforcement of exorbitant fees for nomination forms by the parties prior to 2023 general elections, as a condition to contest in the primaries, excluded many qualified Nigerian citizens, including himself, from the contest.
Mr Okolie said the act violated his fundamental rights to freedom of association guaranteed under Section 40 of the 1999 Constitution (as amended).
He, therefore, urged the court to declare that the imposition of financial barriers which disproportionately exclude ordinary Nigerian citizens from political participation amounts to discrimination contrary to Section 42 of the constitution.
The lawyer, who listed 19 political parties including the APC, PDP, ADC, among others, as 1st to 19th respondents, also joined the INEC and AGF as 20th and 21st respondents in the suit.
The case, marked: FHC/ABJ/CS/04/2026, was dated and filed January 5.
(NAN)
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