Nigeria

By originating summons, the appellant sought an order declaring the ban of a public meeting at Onitsha as unconstitutional and illegal; and restraining the respondents from interfering with the appellant’s right to hold the ceremonies.

The trial court dismissed the application since the matter could not be summarily settled on a mere motion as presented by the originating summons. The appellant appealed the decision to the Supreme Court.

This matter arose from a declaration that the office of vice president (VP) was vacant after he constructively vacated office by openly denouncing and condemning the sponsoring political party.

The court decided the extent to which the National Assembly may legislate to regulate political parties or authorize the Independent National Electoral Commission (INEC) to do so.