 |
| Hon Edward Onoja, Chief of Staff to Kogi State Governor |
The teaming supporters of Governor Yahaya Bello have watched
with keen interest how some naysayers and politically deluded zealots are
speeding fast on a wrong lane of their imaginary victory arising from the last
proceedings at the Tribunal and by necessary implication feeding the
unsuspecting public with diabolic lies and heinous fallacy. Why? They said
because Mr. Edward Onoja, the Chief Of Staff to Governor Yahaya Bello admitted
that Governor Yahaya Bello's voter's card has not been transferred to his
constituency in Kogi
State
May I inform the ill-informed individuals that, the
Constitution of the Federal Republic of Nigeria effortlessly provides for the
qualification of the office of Governor of a State in Part ll thereof. No
section in the provisions of the Constitution provides that "A person
shall be qualified to contest the Presidential, Governorship or National
Assembly election if: He is registered as a voter in the constituency in which
he intends to contest the election". This provision bothers on the Section
4 of the guideline issued by the Independent National Electoral Commission in
exercise of the powers vested in it by Section 4 of Decree No. 17 of 1998 as
amended. It must be noted that the "Guideline" does not absolutely
have the force of the law and is not a law in itself, thus the stipulations of
the "Guideline" cannot override the provisions of the Law. In fact,
the provision of that guideline cannot stand judicial scrutiny. To now refer to
the "Guideline" as "Nigeria Law" is laughable and shameful.
In addition to that, section 13 of the Electoral Act,
2010(As Amended) provides for the procedure to "Transfer Registered
Voters' Card" and all that is required of an applicant is to apply for the
transfer. The issuance and transfer of the Registered Voters' Card to the
desired constituency are entirely the duties of the Resident Electoral
Commissioner. This provision of the Electoral Act is not a criteria for
qualification to contest any political seat in Nigeria and the law does not hold
the applicant responsible where the Resident Electoral Commissioner fails to
perform his duties as required by the law.
If the half-baked educated dudes have enough common sense,
they would have known that the law does not provide for the transfer of
"PVC" but "Transfer of Registered Voters"(Section 13(1)
& (2), Electoral Act, 2010(As Amended). It is really shameful that people
can still boldly display that type of reckless ignorance publicly.
Be it as it may, if we are to believe the section being
hammered on, and to take it as true as they posited, that will still not
nullify the election of Governor Yahaya Bello. The intent of the law is
"substantial" compliance not "total" compliance of the
provisions of the law. We are even talking about "guidelines" here in
the first place. If it is agreed that Governor Yahaya Bello "applied"
for the transfer of his card to his constituency as Mr. Edward Onoja admitted,
then there is a substantial compliance of the law. This is the decision of the
Supreme Court in the following cases: AWOLOWO v. SHAGARI
(1979) NSCC 87; Olu Falae Vs Olusegun Obasanjo (1999);
Muhammadu Buhari Vs Obasaanjo (2003); Buhari Vs Umaru Musa Yar’Adua (2007); and
Muhammadu Buhari Vs Goodluck Jonathan(2011).
So, no "Technical knockout" against Governor
Yahaya Bello. To have even thought of that is highly ridiculous and baseless.
It's a clear transmission of Ignorance.
We urge everyone to be at peace, support and work toward the
success of the efforts of His Excellency Alh. Yahaya Bello. No cause for alarm.
It's FairWin as always.
Barr. Omeiza Shadrach, E.(LLB,BL)
Public Relation Officer I
FairWin
No comments:
Post a Comment