Declare 1999 constitution illegal, invalid - Yoruba agitators tell court

...seek suspension of Ekiti guber, 2023 polls

By Editor

A Yoruba Self-Determination Movement, "Ilana Omo Oodua Worldwide", (IOOW), has challenged the legality and validity of the 1999 Nigeria constitution at the Federal High Court, sitting in Ado-Ekiti.

The movement, in a suit before the Court, said their objective was total decommissioning of the 1999 constitution of Nigeria by all lawful means necessary.

According to a statement signed by the Communications Secretary of IOOW, Maxwell Adeleye, the Plantifs, amongst others, demanded that the court declare the 1999 constitution illegal and invalid, noting that it was foisted upon the masses by the military.

The group went further to pray that the court stop INEC from conducting any election in the country until a referendum is conducted to reflect the wish of the people.

The statement reads: "Whether by virtue of the preamble to the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) without having a "Referendum" which absolutely is an essential part in the process of making a Constitution, the said 1999 Constitution (as Amended) is illegal, invalid and of no effect whatsoever for failing to meet an essential requirement to be qualified as a valid Constitution".

"Therefore, in the event that the above sole issue is resolved in the positive affirmation, the Claimants, pray the Court for the following reliefs: "A Declaration that the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) is invalid, illegal and of no effect whatsoever by reason of its failure to satisfy the essential requirements of referendum and national consensus expected of a valid Constitution.

"A Declaration that the preamble/introductory passage to the 1999 Constitution inserted into the Constitution by the Military Government which says ‘’we the people of Nigeria have resolved to give ourselves a Constitution’’ is a lie when in the actual fact it was the Military Government that came up with the document and imposed it on the Nigerian people without any contribution from the Nigerian people; it has therefore rendered the Constitution illegal, invalid and null and void and of no effect on the ground of naked lie fraud.

"A Declaration that no valid elections whether Presidential, Governorship, National and State Assembly or Councillorship elections can be validly held under the said invalid and fraudulent Constitution as one cannot build something on nothing in law and expect it to stand.

"A Declaration that the forthcoming Ekiti State Governorship election which is scheduled to be conducted in June, 2022 by the INEC cannot be validly held under the said illegal and invalid 1999 Constitution of Nigeria.

"An Order of this Honourable Court stopping the holding of the scheduled Ekiti State Governorship election coming up in June, 2022 from being held as there is no valid legal framework for such an exercise because the 1999 Constitution (As Amended) under which the said Governorship election is planned to be conducted is illegal, invalid and inherently defective.

"An Order of this Honourable Court directing the Defendants jointly and severally to stay clear of Ekiti in June 2022 and suspend with immediate effect the plans and arrangements they have put in place to conduct such an illegal election in Ekiti State of Nigeria." Adeleye, said in a statement on behalf of Ilana Omo Oodua Worldwide.

The Defendants in the case, the Independent National Electoral Commission (INEC) and Attorney General of the Federation (AGF), were however, absent neither did they send legal representatives.

The Plantifs, led by a Renowned Historian and Second Republic Member of the Nigerian Senate, Professor Banji Akintoye, a Popular Medical Doctor from Ado-Ekiti, Dr. Adebayo Orire, and five others, were represented by a former National President of Committee for the Defense of Human Rights (CDHR), Olasupo Ojo and an Abuja based Constitutional Lawyer and Political Activist, Tolu Babaleye and three others.

The Presiding Judge, Justice Babs Olaniyi Kuewumi, adjourned the case to May 11th, 2022 to enable the defense team file their response.