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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