*OPEN LETTER PETITION TO GOVERNOR IFEANYI OKOWA AND DELTA PDP ON THE RISK FACTOR IN THE JUST CONCLUDED PDP PRIMARIES THAT GAVE BIRTH TO A TEMPORARY VICTORY:*
_His Excellency,_
_The Executive Governor of Delta State._
*Sen. Dr. Ifeanyi A. Okowa*
_Sir_,
_Attention_: *A petition to disqualify Rt. Hon. Sheriff Oborevwori the winner of the just concluded Delta PDP Gubernatorial primaries held on 25th of May, 2022 at Asaba Township Stadium a.k.a Stephen Keshi Stadium or Delta PDP will be disqualified from participating in 2023 Independent National Electoral Commission (INEC) gubernatorial Election.*
The above refers.
We are Socio-Political and Socio-Economical Rights Activists of the Rights and Anti-Corruption Forum of Nigeria and Young Nigerian Rights Organization.
_”Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels.”_ Article 1, UN Declaration on Human Rights Defenders]
At nearly every level of the different attempts to preserve the dignity of individual citizens when this is threatened by the power of the state, Civil Societies and NGOs play a crucial role in:
Fighting individual violations of human rights either directly or by supporting particular ‘test cases’ through relevant courts.
Offering direct assistance to those whose rights have been violated.
Lobbying for changes to national, regional or international law.
Helping to develop the substance of those laws.*
Promoting knowledge of, and respect for, human rights among the population.
_The contribution of Civil Societies and NGOs is important not only in terms of the results that are achieved, and therefore for the optimism that people may feel about the defence of human rights in the world, but also because Civil Societies and NGOs are, in a very direct sense, tools that are available to be used by individuals and groups throughout the world for free._
The person of Rt. Hon. Sheriff Oborevwori is the winner of Delta PDP primaries held on 25th of May 2022 at Asaba Township Stadium a.k.a Stephen keshi Stadium, should be disqualified for the fact that he has multiple disparities in his credentials which obviously contradicts section 29 subsection 5 of the Electoral Act, 2022 which reads “Any aspirant who participated in the primaries of his political party who has reasonable grounds to believe that any information given by his political party’s candidate in the affidavit or any document submitted by that candidate in relation to his constitutional requirements to contest the election is false, may file a suit at the Federal High Court against that candidate seeking a declaration that the information contained in the affidavit is false”.
Section 29 subsection 6 of the Electoral Act, 2022 which reads “Where the Court determines that any of the information contained in the affidavit is false only as it relates to constitutional requirements of eligibility, the Court shall issue an order disqualifying the candidate and the sponsoring political party and then declare the candidate with the second highest number of valid votes and who satisfies the constitutional requirement as the winner of the election”.
Section 29 subsection 8 of the Electoral Act, 2022 which reads “A political party which presents to the Commission the name of a candidate who does not meet the qualification stipulated in this section, commits an offence and is liable on conviction to a fine of N10,000,000.00 (Ten Million naira only)”.
Section 33 of the Electoral Act, 2022 which reads “A political party shall not be allowed to change or substitute its candidate whose name has been submitted under section 29 of this Act, except in the case of death or withdrawal by candidate.
Provided that in the case of such withdrawal or death of a candidate, the political party affected shall within 14 days of the occurrence of the event hold a fresh primary election to produce and submit a fresh candidate to the Commission for the election concerned”.
It is most pertinent for the Delta PDP to observe that this may lead to the disqualification of the party and the candidate shortly. June 3rd 2022 is the deadline for INEC, we wish that His Excellency the Executive Governor of Delta State will do the right thing which will be for the best interest of the party and Deltans at large else be ready to be disqualified from participating in the forthcoming 2023 elections.
The Supreme Court has ruled that the Independent National Electoral Commission (INEC) has no power to disqualify any candidate submitted to it by a political party, thereby setting aside an earlier judgment of the Court of Appeal on the matter. According to the Supreme Court, “INEC has no Constitutional power to disqualify a candidate from contesting elections without a valid order of a court.” with this we will advise your Excellency the Governor who is the leader of PDP to do the right thing prior to a Court judgement or order which will not be good for the entire Delta PDP party cause the judgment will be taken advantage of by the opposition parties to ensure that the Electoral Act 2022 is totally enforced to the later.
The above Electoral Act 2022 are laws, Nigeria is a country of Rule of Law and Due processes.
We hope this helps and we also hope to hear from you ASAP.
_Yours Faithfully,_
_Engr. Ojie Victor Obianuju_
Concerned Citizen
CC:
The Chairman,
_Independent National Electoral Commission_ (INEC)
_Plot 436 Zambezi_ _Crescent, Maitama_
_District, FCT, Abuja, NIGERIA._
Through:
INEC Head Office, Asaba, Delta State.