Success Damian:
Pastor Peters Osawaru
Omoragbon, Governorship candidate of National Conscience Party (NCP) in Edo State
between 2016 and 2020, has called on the National Assembly to expunge section
255a of the 1999 Constitution of the Federal Republic of Nigeria.
He said ”In line with the
principles of Democracy and Social Justice, the ideals of Freedom,
Equality, and Justice and ultimately the need for the continued
recognition of the right to Freedom of Association, the provisions
of section 225A Constitution MUST be expunged, and the provisions of
section 228 restored in the Constitution.”
Omoragbon made the declaration
in Asaba, Delta State as part of the memorandum which he submitted on the
review of the 1999 Constitution of the Federal Republic of Nigeria by the
National Assembly.
A former House of
Representatives Candidate, Kosofe Federal Constituency, Lagos (2003), Oredo
Federal Constituency, (2015), and National Deputy Chairman, South-South,
Omoragbo insisted that the Constitution never set a ceiling to the numbers
of political parties to be formed by the citizens, adding that no
political party is funded by the government, and queried why INEC would deny
Nigerians their right and freedom of Association.
He advocated the need to review
and amend the provisions of section 225a of the constitution.
He said “Section 225A of the
Constitution provides that the Independent National Electoral Commission shall
have power to de-register a political party for: breach of any of
the requirements for registration, failure to win at least twenty-five per cent
of votes cast in one state of the Federation in a presidential election; or one
Local Government of the State in a Governorship election, failure to win at
least one ward in the Chairmanship election, one seat in the National or State
House of Assembly election; or one seat in the Councillorship election.
He maintained that it is
imperative to note that the Nigerian state is founded on the principles of
Democracy and Social Justice, and the ideals of Freedom, Equality and
Justice, adding that Sections 13, 14(1) and 17(1) & (2) of the Constitution
provides that it shall be the duty and responsibility of all organs of
government, and of all authorities and persons, exercising legislative,
executive, or judicial powers, to conform to, observe and apply the provisions
of this Chapter of the Constitution.
Quoting copiously from the
constitution, he said that the Federal Republic of Nigeria shall be a State
based on the principles of democracy and social justice. “The State
social order is founded on the ideals of Freedom, Equality and Justice. Every
citizen shall have equality of rights, obligations and opportunities before
the law.
“Now, if the Nigerian State is
founded on the principles of Democracy and Social Justice, and the ideals of
Freedom, Equality and Justice, and it is the duty and responsibility of the National
Assembly to conform to, observe and apply these principles, then the
National Assembly Must be guided by these principles in the exercise of its
legislative functions, including amending the Constitution.”
Omoragbon stated that if “democracy” is defined as Government by the people,
either directly or through representatives; “social justice” as Justice
that conforms to a moral principle, such that all people are equal, then Democracy,
has two elements, to wits: The right of direct participation in the
government; and the right to participate in the government through
elected representatives.
Clearly, he said, in enacting
the provisions of section 225a of the Constitution, the National Assembly
did not consider the fact that Nigeria is a state founded on the
principles of Democracy and Social Justice and the ideals of Freedom,
Equality and Justice.
He maintained that the right
to Freedom of Association, as enshrined in section 40 of the Constitution, is
principally meant to protect ones’ Interests. He said interests are bound
to vary with different people and groups. Further, he added that the right
to Freedom of Association is intertwined with the rights to Freedom of
Thought, Freedom of Expression and Freedom from Discrimination for one’s
political views or affiliation
He averred that the thoughts
and views of a group of people of like minds on national issues, give rise
to their opinion and ideologies, the basis upon which political parties
are formed. These rights he maintained are intrinsic and inalienable. It has
been universally accepted that human rights stem from the attributes of
man and are essential to the realization of human aspirations; adding that
without human rights, life is meaningless and may be regarded as solitary,
nasty, brutish, and short.
To amplify his claims he
quoted the preamble of the United Nations Universal Declaration of Human
Rights which states “…a recognition of the Inherent Dignity and of the Equal and Inalienable
rights of all members of the human family is the foundation of freedom,
justice, and peace in the world.”
Thus, he said that the
provisions of section 225a which empowers the Independent National
Electoral Commission to de-register political parties for failure to win
election are antithetical to the Constitution and international best practices,
and must be expunged from the Constitution.
Omoragbon stated that by
virtue of the foregoing provisions of the Constitution, all Political
parties are entitled to equal protection under the law and are entitled to
continue to exist without undue interference from the government and its
agencies.
Speaking on proposed remedies
for breach of requirements for registration of political parties in place of
section 225a of the constitution, he said Political parties, like other
corporate entities, need to be regulated. “But the regulation must be kept
within a clearly defined limit, to protect political parties against
arbitrary powers of the ruling party and to ensure their continued
existence.
Quoting a celebrated case he
submitted, “The Supreme Court, in the celebrated case of INEC V. MUSA
(2003) N. W, L. R. PART 806, PAGE 72 AT PAGE 160 PARAGRAPH C – E, held,
that while the National Assembly may make laws to provide for the
registration, monitoring and regulations of political parties, it cannot,
in the guise of the exercise of that power, decree conditions of
eligibility of an association to function as a political party. And, this
was the whole essence of the provisions of section 228 of the
Constitution, which the National Assembly, in its First Alteration Act of
2010, deleted from the Constitution.
Pointing at the provisions of the
section, he said the National Assembly may by law, provide for the
punishment of any person involved in the management or control of a any political
party found after due enquiry to have contravened any of the
provisions of section 221, 225(3) and 227 of this Constitution and for
the disqualification of any person from holding public office on the
ground that he knowingly aids or abets a political party in contravening
section 225(3) of this Constitution.
He insisted that the
provisions were enacted to protect and enhance the principles of Democracy
and Social Justice and the ideals of Freedom, Equality and Justice, and
ultimately the right to Freedom of Association. Under the provisions, the
punishment for breach of any of the requirements for registration of
political parties was targeted at the officers of the party found to have
aided and abetted the breach, and not the political party itself.
