. . . Say 1999 Constitution illegal, invalid

By JOHN NWOKOCHA, Abuja

Leader of Yoruba Nation Self-determination, Professor Banji Akintoye, Adeniran, Orire and 15 other Yoruba Nation agitators have filed legal suits in courts in Ado-Ekiti, in Ekiti State and Osogbo, in Osun State respectively, against the Independent National Electoral Commission (INEC) and Attorney-General of the Federation (AGF), Abubakar Malami (SAN), asking the courts to stop the upcoming governorship elections in both states.

The agitators who have hired an Ondo- born Constitutional Lawyer, Tolu Babaleye, said they want the elections stopped because the 1999 Constitution of Nigeria does not meet the requirements that qualify it as a valid Constitution.

Akintoye who is also the leader of Ilana Omo Oodua Worldwide and his co-self-determination activists, described their action as an attempt to force the Nigerian government to succumb to the conduct of a referendum to decide, constitutionally, legally and peacefully, saying: “Without having a Referendum which absolutely is an essential part in the process of making a Constitution, the 1999 Constitution is illegal, invalid and of no effect whatsoever."

The activists under the umbrella body of Yoruba Self-determination Groups, Ilana Omo Oodua Worldwide, in a statement made by the Communications Secretary of the group, Mr. Maxwell Adeleye, on Wednesday, March16, said: “we are praying for a categorical order that against the backdrop that the current Nigerian Constitution is illegal and invalid because no referendum was conducted before it was enacted, INEC does not have the law that can be used to conduct elections anywhere in Yoruba Land, a region within Nigeria, thus, the forthcoming Ekiti and Osun Governorship Polls and all future elections should be stopped in Yoruba Land until a referendum is held for the Yoruba people to decide on the system they want for themselves within Nigeria and whether they even want to remain as Nigerians.”

Also, the agitators are demanding for a total decommissioning of the 1999 constitution of Nigeria to pave way for a referendum so that the indigenous people of Yoruba Land can decide on their nationhood, first and foremost.

According to the statement, “We are demanding that Whether by virtue of the Preamble to the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) which says: “WE THE PEOPLE of the Federal Republic of Nigeria HAVING firmly and solemnly resolved to live in unity and harmony as one indivisible and indissoluble sovereign Nation under God dedicated to the promotion of inter-African solidarity, world peace, international cooperation and understanding: AND TO PROVIDE for a Constitution for the purpose of promoting the good government and welfare of all persons in our country on the principle of Freedom, Equity and Justice, and for the purpose of consolidating the unity of our people do hereby make and give to ourselves the following constitution” 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.”

They said that in the event that the above sole issue is resolved in the positive affirmation, the Claimants, led by Akintoye, 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 and Osun States in June and July 2022 and suspend with immediate effect the plans and arrangements they have put in place to conduct such an illegal election in Ekiti and Osun States of Nigeria,” Adeleye said in a statement on behalf of Ilana Omo Oodua Worldwide.

The Group called on all Yoruba people, especially, Self-determination Activists in Ekiti and Osun States, to Mobilize themselves and ensure that they are present in courts in Osogbo and Ado-Ekiti whenever the cases are called for mention.

“This is a clarion call to our people within and beyond Yoruba Land that it is time to jettison our personal interest for the overall interest of our land. History and Posterity will never be kind to us if we miss this historic opportunity to salvage our land and restore our stolen nationhood. We must all come out in our large numbers to show solidarity, peacefully and lawfully, in support of this case because a landmark decision awaits the Yoruba people.”

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