LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Political Parties — Registration — Distinction Between Eligibility, Registration and Recognition
PRINCIPLE STATEMENT
Recognition, registration, and eligibility are distinct concepts. Registration is the process of recording existence and providing evidence of compliance with section 222. The power to register is not the same as the power to declare conditions of eligibility.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in INEC & Anor v. Musa & Ors (2003) NLC-2282002(SC) at pp. 21–22; Paras D–A.
"Recognition of a political party is not quite the same thing as registration of a political party, while registration of a political party is quite distinct and is not the same thing as eligibility of an association to function as a political party, even though these are all inter-related aspects of the same subject. Registration is the process of recording the existence of a political party and it provides evidence and certification of compliance with section 222 of the Constitution. It is evident that a political party cannot be registered as being in existence unless the association has satisfied the conditions of eligibility in section 222. It is therefore clear that the power to register is not the same as and does not include the power to declare the conditions of eligibility."
EXPLANATION / SCOPE
Eligibility, registration, and recognition are separate concepts. The principle applies to constitutional law. INEC’s power to register does not include power to set eligibility conditions. The rule respects constitutional separation. The court will distinguish between these concepts. The principle is well-established.