ABUJA— THE Federal Government yesterday moved to scuttle hearing in a suit instituted by ten lawyers challenging legitimacy of the 1999 constitution by filing a notice of preliminary objection before a high court in Abuja billed to adjudicate on the matter.
Attorney-General and Minister of Justice, Chief Akinlolu Olujinmi (SAN) who lodged the objection yesterday at the registry of the Federal High Court in Maitama, Abuja is contending that all the plaintiffs in the case lacked locus standi to institute the action.
Chief Olujinmi who had earlier asked the court for a short adjournment to personally handle the case at the last adjourned date also invited the court to decline jurisdiction if it shared its view that the plaintiffs had no legal right to file the case in the first instance.
The Federal Government’s objection came yesterday exactly seven days to the hearing of the case when all documents used in making the controversial 1999 constitution are expected to be brought to court for examination. But with the pending objection, the documents already subpoenaed by the court are unlikely to be produced in court on July 21 as directed. It is trite law that when an issue of jurisdiction is raised by any of the parties before a court in a case, the application takes precedence and it is normal that it is taken first.
It would be recalled too that Anambra State, at the last adjourned date (June 29, this year), objected to the suit filed by the ten lawyers. The state had specifically asked the Federal high court hearing the case to strike it out on the grounds that the suit did not disclose any trial issues. All the 36 states of the Federation were joined as defendants in the suit.
The trial judge, Stephen Adah whose jurisdiction to hear the case is being challenged adjourned the matter to July 21 directing Chief Akinlolu Olujinmi (SAN) to produce in court all the documents requested for by the plaintiffs.
The documents the AGF was ordered to produce included the instrument constituting the Provisional Ruling Council under the regime of General Abdusalami Abubakar; the instrument constituting the Constitutional Debate Co-ordinating Committee (CDDC) in November 1998 and the report of the CDCC as well as the minutes of the considerations of the PRC on the CDCC’s report. Besides, the minister was asked to produce the amendments made to the 1999 constitution by the PRC and the final approval of the PRC.
Other documents the minister was expected to produce at the next sitting of the court are all documents by way of speech, response etc which were made at the CDCC’s inauguration; minutes and reports of all meetings of the Provisional Ruling Councils that amended the constitution for the Federal Republic of Nigeria 1979 between November 1998 and May 1999; the reports of the CDCC as presented to the PRC and the report as amended by the PRC.
The Attorney General of the Federation, the Clerk of the National Assembly and the Attorneys-General of the 36 states were named as defendants to the suit. The plaintiffs’ claim is that legitimacy could not be conferred on the 1999 constitution by an amendment because the original constitution sought to be amended is itself defective.
The lawyers who are challenging the 1999 constitution are Mohammed Arubayi, Kayode Ajulo, Thelma Momo, Nancy Magomya, Bukola Bakare, Comfort Emessiri, Sunday Sofolahan, Sydney Azogu, Maduka Ewuze and Ugochukwu Ezeanozie.
