…Photo: (l-r) Kola Dopamu, Legal Adviser, Fred Agbaje, Legal Consultant to FRESH, Femi Onifade, FRESH NEC member and Patrick Doyle, Vice-Chairman, South-South of the party…
FRESH Democratic Party on Tuesday decried the inability of Independent National Electoral Commission (INEC) to honour the ruling of the court which says it does not have the powers to de-register political parties.
The party stated this during a press briefing in its office in Ikeja. It was jointly addressed by Kola Dopamu, Legal Adviser, Fred Agbaje, Legal Consultant to FRESH, Femi Onifade, FRESH NEC member and Patrick Doyle, Vice-Chairman, South-South of the party.
In a statement issued after the briefing, the party said: “It is no longer news that the Independent National Electoral Commission (INEC) in December 2012, by its fiat wrote our great party, FRESH DEMOCRATIC PARTY and other parties out of existence.
“We picked up the gauntlet and challenged the legality of the action at the Federal High Court Abuja. A long drawn battle it was. INEC participated effectively in the legal contest and at the end of the day, judgment was delivered by Hon. Justice Gabriel Kolawole sitting at Court 5, Federal High Court, Abuja
“The contest must be put in the right perspective – it was a fight for the right of Nigerians to choose. An inalienable right that is firmly entrenched in the Constitution of the Federal Republic and which has been a time tested issue.
“The entire nation was ecstatic after the judgment. Our party members who were apprehensive became elated and were looking forward to a great participation in democratic process in all the tiers of government.
“INEC decided to appeal and made a half effort at that! They filed the Notice of Appeal and abandoned it. It took INEC about 5 months after the judgment to file this ill-fated appeal. After this, they went to sleep! For emphasis, NOTICE OF APPEAL is merely an intention shown to appeal a judgment. There are other procedures that an appellant must necessarily follow before an appeal can rightly be said to exist. As we speak now, the said appeal is otiose and dead! The judgment stands!
“One would have expected that INEC being a democratic institution would give effect to the judgment and allow FRESH DEMOCRATIC PARTY to participate. Alas! This was not to be. INEC has refused to give recognition to our party in sharp contrast to the judgment of a competent court and the Constitution that they all profess to uphold.
“Before the conduct of the last Gubernatorial Election in Anambra State, our party members in the State who were interested in contesting the post were disappointed that the ballot paper contained only names of 25 political parties. FRESH DEMOCRATIC PARTY’s name was conspicuously missing. It is instructive that the ballot paper was released in August 2013, over 30 days after the judgment of the court was given. Needless to say that our members were highly disappointed!
“Now, the Osun and Ekiti States elections are approaching. Thousands of our supporters in these States are itching and eager to participate.
“We think what should be targeted is a concept of organic and not just mechanic democracy that preserves the rule of law, separation of powers that is participatory and pluralistic. The reprehensible and egregious disobedience of a lawful order of a Honourable Court is an affront to the rule of law.
“Of Course, we did not sleep. We wrote letters to the Chairman, drawing his attention to this flagrant disobedience of a lawful court order. Aside for the stamp “RECEIVED” impressed on the letters, INEC has not thought it fit to give official response to the letters. All efforts to seek audience with the hierarchy of INEC have also proved abortive.
“May be you are wondering why we have not brought contempt proceedings against INEC and its officials. This reason is based on the principle and policy upon which our party was formed:- PACIFICISM. We always seek to settle disputes on grounds of justice rather than by force.
“It therefore becomes necessary that we bring the attention of the whole world to this deliberate and calculated act of INEC to disenfranchise millions of Nigerians whose wishes are to use the platform of our party to express their political preferences”.