The Plaintiffs each applied to the Independent National Electoral Commission ("INEC" or "The Commission") for registration as a political party.

The Trial Judge granted reliefs Nos. 1, 2, 13 and 16 in full and granted in part reliefs No. 14 in respect of Section 74(2)(g) of the Electoral Act, 2001 only and No. 15 in respect of Guidelines Nos. 2(c) and 3(g). The remaining reliefs were not granted by him. The Plaintiffs, aggrieved by the decision, appealed to the Court of Appeal, Abuja Division (Musdapher, J.C.A., (as he then was) Muntaka-Coomassie and Bulkachuwa, JJ.C.A). The 1st Respondent also cross-appealed.

The Court of Appeal allowed the main appeal by the Plaintiffs and set aside part of the judgment of the Trial Court refusing several of the reliefs sought by the Plaintiffs. The Court below declared the guidelines issued by the 1st Defendant, namely, 2(c), 2(d),3(a), 3(c), 3(d)(iv), 3(e), 3(f), 3(g), 3(h) and 5(b) unconstitutional, null and void. It also declared Sections 74(2)(g) and (h), 74(6), 77(b) 78(2)(b) and 79(2)(c) of the Electoral Act, 2001 unconstitutional, null and void. The Court finally made an order of injunction against the 1st' Defendant restraining it, its agents, officers, privies are "from basing the registration of political associations as political parties on the aforesaid offending provisions of the Guidelines and the Electoral Act, 2001.", and dismissed in its entirety the cross-appeal brought by the 1st Defendant.

TThe Defendants appealed to this Court against the decision of the Court of Appeal. At the conclusion on 29th October, 2002 of the argument Counsel the Court gave its judgment on 8 November 2002 and reserved the reasons for the judgment till 24th January, 2003. The appeals by both the 1st and 2nd Defendants succeeded only in part and to the extent only that the Court below was in error in granting the 2nd and 12th reliefs and in granting the 14th and 15th reliefs in their entirety. Consequently, the Court granted reliefs nos. 1, 3, 4, 5, 6, 7, 8, 9, 10, and 11 but refused relief nos. 2, 12, 13, 16 and 17. Relief nos. 14 ad 15 were granted in part only, respectively as follows: That relief No, 14 is granted in part only, that is, in respect of Sections 74 subsection (2)(h) and 79 subsection (2) of the Electoral Act, 2001 but not in respect of the other Sections of the Act. That relief No. 15 is granted in part only, that is, in respect of Guidelines Nos. 3(a), 3(c), 3(d), (iv), 3(c), 3(f), 3(g), 3(h) and 5(b) but not in respect of Guidelines 2(c) and 2(d).

As earlier stated, the Plaintiffs were associations seeking registration as political parties. By virtue of Section 221 of the Constitution "No association, other than a political party, shall canvass for votes for any candidate at any election or contribute to the funds of political party or to the election expenses of any candidate at an election," and virtue of Section 222 of the Constitution;

"No association by whatever name called shall function as a political party, unless-

The Plaintiffs each applied to the Independent National Electoral Commission ("INEC" or "the Commission") for registration as a political party. On 17th day of May, 2002 INEC released guidelines for the registration of political parties. Being of the view that guidelines 2(c) and (d), 3(a), (c), (d)(iv), (e), (f), (g), (h); and 5(b) ("the impugned guidelines") were "inconsistent with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 relating to the registration of political parties" and that they should not be made to comply with the guidelines, the Plaintiffs commenced the proceedings from which this appeal arose by originating summons whereby they sought, among other things, declarations of invalidity of those impugned guidelines and also of Sections 74(2)(g) and (h), 74(6). 77(b), 78(2)(b) and 79(2)(c) of the Electoral Act, 2001.

INEC is one of the Federal Executive Bodies established by Section 153(1) of the Constitution of the Federal Republic of Nigeria 1999 ("the Constitution"). Its composition and powers are by virtue of Section 153(2) contained in Part 1 of the Third Schedule to the Constitution, paragraph 15(b) of which empowers it to: "register political parties in accordance with the provisions of the Constitution and an Act of the National Assembly", while paragraph 15(c) and (d), respectively, provided that the Commission shall have power to "monitor the organization and operation of the political parties, including their finances" and "carry out such other functions as may be conferred upon it by an Act of the National Assembly."

Section 228 of the Constitution empowers the National Assembly to make laws, among other things -

"for the conferment on the Commission of other powers as may appear to the National Assembly to be necessary or desirable for the purpose of enabling the Commission more effectively to ensure that political parties observe the provisions of this Part of this Chapter."

The phrase "This part of this Chapter" is that part dealing with political parties as are contained in Sections 221-229 of the Constitution.

Pursuant to its power under Section 228 of the Constitution the National Assembly enacted the Electoral Act 2001 ("the Act"), Part ID of which made provisions for political parties. Section 74(1) of the Act provided that INEC shall have power to register political parties and regulate their activities from time to time. Subsection 2 of Section 74 went on to provide that no association by whatever name called shall function as a political party, unless certain conditions are fulfilled. Therein was listed in paragraphs (a) - (f) thereof identical conditions of eligibility to function as a political party as have been specified in Section 222 of the Constitution. The conditions in Section 74(2) of the Act questioned by the Plaintiffs were those they regarded as additional conditions prescribed in paragraphs (g) and (h) of that subsection. As earlier stated they also questioned the constitutionality of Sections 74(6), 77(b), 78(2)(b) and 79(2)(c) of the Act. The Trial Court declared the invalidity of Section 74(2)(g) but upheld the validity of the other provisions challenged. However, the Court of Appeal held that all the impugned provisions of the Act were unconstitutional and, therefore, null and void.

SSection 74(2)(g) and (n) provided, respectively, that no association by whatever name called shall function as a political party, unless it provides evidence of payment of registration fee of N100,000 or as may be fixed from time to time by an Act of the National Assembly, and, it provides the addresses of the offices of the Political Association in at least two-thirds of the total number of the States of the Federation spread among the six geo¬political zones. Section 74(6) makes registration of an association as a political party conditional on compliance with the conditions prescribed in sub-sections 1 and 2 of Section 74 and upon payment of the sum of N100,000 administration and processing fees. Section 77(b) provides that once an association is granted registration as a Political Party by the Commission, that political party shall further submit to the Commission a copy of the party's Constitution drawn up in compliance with Chapter II of the Constitution of the Federal Republic of Nigeria and with the requirement of the relevant guidelines issued by the Commission. Section 78(2)(b) provided that the Constitution and manifesto produced by a political party shall at all times be in compliance with the provisions of the Constitution, the electoral laws and guidelines made by the Commission. Section 79(c) provides that a person shall not be a member of a political party if he is a member of the Public Service of the Federation, a State or Local Government or Area Council as defined by the Constitution.