The leadership of the National Conscience Party (NCP), has dragged the Independent National Electoral Commission (INEC) to the Lagos division of the federal high court for unlawfully excluding the party and its flag bearer Pastor Peters Osawaru Omoragbon in the list of prospective candidates in the state in the forth coming governorship election in Edo state.
In suit, no FHC/L/CS/544/20 the NCP flag bearer Omoragbon and the party’s national Chairman Mallam Tanko Yunusa who is the second plaintiff averred that the electoral umpire without an order of a court of competent jurisdiction is unlawful, arbitrary, oppressive, null and void.
In the court action instituted by Barrister Marcus Eyarhono on behalf of the plaintiffs, they said that the party fully complied with the election timetable issued by the electoral umpire by conducting its governorship primaries in Edo State in the presence of the representatives of the INEC and also met all other requirements but was unlawfully excluded from the ballot.
In the originating summons, the plaintiffs are praying the court to declare that the omission of Omoragbon as list of prospective candidates is unjust, unlawful, arbitrary, oppressive, repressive, partisan, un-democratic, an abuse of power and office and a breach of the Plaintiffs’ right to fair hearing.
The originating summons was 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.
Joined as defendants in the suit is the Attorney General of the Federation and minister for justice Abubakar Malami, SAN.
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’’.
He added that his the decision to approach the court is to serve as evidence of their commitment to political participation in Nigeria.
He said,’’By extension the exercise of our Freedom of association.
‘’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.