Court adjourns suit on constitution, Anambra queries jurisdiction
From Emmanuel Onwubiko, Abuja
FIVE states have so far showed appearance in court to contest the suit by 10 lawyers challenging the validity of the 1999 Constitution.
The states are Anambra, Niger, Kwara, Rivers and Zamfara. Arguments were not taken from them yesterday but sources disclosed that more than 10 states cited as defendants would query the jurisdiction of the court over the matter.
The Anambra State government may have confirmed this yesterday when in a preliminary objection it asked the Federal High Court, Abuja, to dismiss the suit because the plaintiffs had no locus standi to institute it.
It also described the case as vexatious, declaring that the court lacked the jurisdiction to entertain it.
The states' objection was endorsed by the Attorney-General, Chief Udechukwu Nnoruka Udechukwu (SAN), who was, however, not in court.
At the request of the Niger State's Attorney-General represented by Mohammed Ciroma that the court adjourned briefly to enable parties in the suit file all relevant processes, Justice Steve Jonah Adah fixed July 21, 2004 for the definite hearing.
The trial judge also asked the Federal Attorney-General, Chief Akinlolu Olujinmi (SAN), to produce the documents requested by the plaintiffs on the next adjourned date.
Before the adjournment, Dr. Tunji Abayomi, lawyer to the plaintiffs, said that he was not opposed to the request of Niger State but urged the court to grant expeditious or accelerated hearing because of the sensitive nature of the matter which seeks judicial pronouncement on an act done by an illegal military government and foist on Nigerians as a constitution.
Mrs. Dorothy Salako, counsel in the government's team, said that the minister promised to personally handle the matter because of its importance and urged the court to give a hearing date before the court proceed on yearly vacation.
The Rivers State Government also entered conditional appearance through a motion on notice, which was not opposed by the plaintiff.
The plaintiffs are Mohammed Arubayi, Kayode Ajulo, Thelma Momo, Nancy Magomya, Bukola Bakare, Comfort Emesiri, Sunday Sofolahan, Sydney Azogu, Maduka Ewuzie and Ugochukwu Ezeanozie.
The defendants are the Federal Attorney-General and the 36 Attorneys-General of the states in the federation.
Anambra was represented at the court yesterday by Inosa Omohigho, Niger had Mohammed Ciroma, Idris Jubril for Kwara, Mrs. V.E. Benson Rivers and Mr. A.B. Usman Zamfara.
One of the many questions for determination framed by the plaintiffs is whether Decree 24, 1999, otherwise called the constitution of the Federation, 1999 can be deemed to be a constitution of the people of Nigeria until it is freely initiated, formed, written, published or enacted by the people in its original character without the tampering or effecting by a military dictatorship.
Indications also emerged that more than 10 states cited as defendants will challenge the suit on locus standi and jurisdiction.
The minister was ordered to produce the following documents:
- instrument constituting the Provisional Ruling Council (PRC) of Nigeria under the leadership of General Abdulsalami Abubakar (rtd); and
- all documents by way of speech, responses, which were made at the Constitutional Debate Co-ordinating Committee's inauguration.
Others are:
- minutes/reports of all meetings of the PRC that amended the constitution for the Federal Republic of Nigeria 1979 between November 1998 and May 1999; and
- the report of the constitutional committee as presented to the PRC.
