The Chairman of the Nigerian Bar Association (NBA) Electoral Committee, Monday Ubani, has argued that the judiciary cannot take over the constitutional responsibilities of the Independent National Electoral Commission (INEC), particularly on matters relating to the registration and deregistration of political parties.
Ubani made the remarks during an appearance on Arise Television’s Day Break, where he reacted to the recent legal battle involving the African Democratic Congress (ADC) and four other political parties.
His comments followed a ruling by Justice Peter Lifu of the Federal High Court, which directed INEC to deregister the ADC and four other political parties. The judgment immediately sparked debate among legal and political observers over the extent of judicial authority in electoral matters.
However, the controversy took another turn on Tuesday when the Court of Appeal in Abuja granted a stay of execution of the judgment, temporarily halting the enforcement of the order against the affected parties.
Speaking on the issue, Ubani maintained that INEC derives its powers directly from the Nigerian Constitution and remains an independent institution empowered to make administrative decisions regarding political parties.
“Justice Lifu on Monday ordered INEC in its judgment to deregister those political parties,” Ubani said during the interview.
He explained that INEC had already reviewed the status of the affected parties and filed a counter-affidavit, insisting that the commission had acted within the powers granted to it by law.
According to him, the electoral body had determined that the parties in question were not in violation of constitutional or electoral provisions that would warrant deregistration.
Ubani further argued that the court appeared prepared to replace the judgment of the constitutionally empowered electoral body with its own interpretation, a move he suggested raises concerns about institutional boundaries.
The legal dispute has reignited discussions over the balance of powers between the judiciary and electoral authorities, with many stakeholders closely watching how the matter will ultimately be resolved in the courts.
