Thursday 2 July 2020

Edo 2020: I am still in the race, says Omoragbon, NCP Flag-bearer …Heads to Court

Success Damian:
Pastor Peters Osawaru Omoragbon, the Gubernatorial Candidate under the National Conscience Party in the forthcoming governorship election in Edo State has declared that he is still in the race, even as the party has headed to court.

In a press statement issued on Thursday, he said “You are all wondering why my name: Pastor Peters Osawaru OMORAGBON, RN, RPN, (Gubernatorial Candidate under the National Conscience Party) was omitted by INEC in their list of prospective candidates in the forthcoming governorship election in Edo State.
“First, let it be made known that the list is Provisional and not Final.  Even, if INEC releases the Final list by omitting my name, do not despair as we shall continue with our electioneering campaign with other candidates, for we are currently in Court challenging INEC’s unconstitutional acts, and like other relevant precedence in our country’s jurisprudence, records are replete of the nullification of election results/outcomes where people have been disenfranchised, or where there are obvious illegalities in the actions of INEC. This may not be different if the name of my Party and mine are not on the Ballot on September 19, 2020,” Omoragbon stated.
In a brief a brief historical perspective, Omoragbon said “After the 1999 general elections that brought in Chief Olusegun Obasanjo, the National Conscience (as it was then called, because it was not a political Party after its formation in 1994 to defy Late General Sanni Abacha) under Late Chief Gani Fawehinmi, applied to INEC in 2002 for registration as a Party under Late Chief Abel Guobadia. Our application was denied.
“Chief Gani Fawehinmi went from the High Court up to the Supreme Court to challenge the actions of INEC and on November 8, 2002, in a landmark judgement, the Supreme Court in a unanimous decision voided 12 of the 13 guidelines used by INEC to register political parties, describing them as Unconstitutional.
“That action initiated by NCP and won at the Supreme Court gave rise to the possibilities for the existence of all the parties that today parade themselves as Parties including the All Progressive Congress. President Buhari would not have been able to register his CPC if NCP has not won the battle for multipartyism in Nigeria,”
He disclosed that the only parties in existence before NCP went to Court in 2002, were the PDP, AD and NPP, adding that all others were products of the Supreme Court ruling fought for by Chief Gani Fawehinmi, SAM, SAN under the National Conscience Party.

“When Osunbor won the Edo State elections against Oshomole in 2007, Comrade Oshomole resorted to the Court to claim his mandate and in 2008, won the election through the law courts, which was why Edo State elections does not align with the general elections in the country as Oshomole’s tenure began to run from the date he was sworn in, November 2008.
“My good people of Edo State, we have Transversed this path before 18 years ago. This is not alien to us. Our Party was a product of a legal struggle and a movement and we are back again to the trenches. The right to associate and form associations is an inalienable right enshrined in the Constitution of the Federal Republic of Nigeria, the African Charter on Human Rights and the United Nations Declaration of Human Rights to which Nigeria is a signatory. In the United Kingdom, the decisions of the government can be overridden by the decision of the European Court in so far as it bothers on denial of human rights.
On way forward he said “By a suit filed at the Federal High Court in Lagos, with Suit Number FHC/L/CS/544/20, we have challenged INEC’s current decision to omit our Party’s name from the political parties fielding candidates for the Edo State elections.
Referring to the originating summon, he said “The Originating Summons were Brought pursuant to the provisions of sections 1, 4, 6, 36, 40, 42, 45, 153 & 221 – 229 OF THE 1999 Constitution of the Federal Republic of Nigeria, as amended, and articles 2, 3, 4, 7, 10(1), 11, 13(1) & 26 of the African Charter on Human and Peoples’ Rights, Order 3(9) of the Federal High Court (Civil Procedure) rules 2019 and under the Inherrent Jurisdiction of the Honourable Court.

According to Omoragbon, “Defendants in the current case are: The Attorney General of the Federation and, The Independent National Electoral Commission.

“One of our reliefs being sought is a declaration that the action of the Defendants without an order of a court of competent jurisdiction, is unlawful, arbitrary, oppressive, repressive, partisan, undemocratic, an abuse of power and office, and a breach of the Plaintiffs’ right to fair hearing guaranteed in section 36 of the 1999 Constitution of the Federal Republic of Nigeria, as amended (hereinafter referred to, as “the Constitution”), and Articles 2, 3, 4 & 7 of the African Charter on Human and Peoples’ Rights, and is accordingly, null and void and of no legal consequences whatsoever.
“If we are in agreement that INEC’s action by their crooked reliance on Section 225 negates our fundamental rights of Freedom of Association enshrined even in the amended Constitution of Nigeria, and is currently in Court, then what better way to test the last ‘hope’ of the common man, which is the judiciary by putting political action to our legal action?
“If the National Conscience Party had not gone to court in 2002 and was denied registration without first applying to INEC, there would have been no locus standi for our going to court in the first place.

“This action is not mine alone but also of leadership of the Party led by the national Chairman Mallam Tanko Yunusa, who is the second Plaintiff in the above suit and with the coordination of the Party Secretariat. We communicated with INEC, the State Security Service, the Nigerian Police as required by Law. We have our evidences. We conducted our Primaries and it was duly recorded before the deadline for party primaries.
“Our Legal Team are fully mobilized and sensitized as initiated by Barrister Marcus Eyarhono to take this battle as far as the ECOWAS Court if the Nigerian Legal System fail us-but like in 2002, the Supreme Court will be in the best position to interpret the Constitution in this wise. It will have to decide if by section 40 of the 1999 Constitution as amended, the fundamental right: …to assemble freely with other persons, and in particular to form or belong to any political party, trade union or any other association for the protection of his interest can be taken away by the same Constitution by a rogue amendment and inclusion of section 225? You cannot take away what you guarantee by law within the same law. That is an invitation to constitutional crisis. It can only happen in a Banana Republic.
“In conclusion, my campaign is continuing in earnest. We shall advance our People’s Program under the TEN CARE PROGRAM of the Party Manifestoes vigorously and vehemently. 
“We shall not Retreat, nor shall we SURRENDER our struggle to the corrupt tendencies of the ruling class. This is a battle for the enthronement of the Rule of Law in Nigeria using the Edo State governorship election in September as a litmus test,” Omoragbon stated.



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