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B N W: Biafra Nigeria World News |
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Anambra Govt raises objection to suit challenging legality of 1999 ConstitutionJOSEPH NWANKWO, Abuja
ANAMBRA State Government has filed a preliminary objection challenging the suit brought by 10 lawyers over the constitutionality of the 1999 Constitution on the grounds that it was a product of the General Abdulsalami Abubakar government, an alleged illegitimate government. The court presided over by Justice Stephen Jonah Adah in adjourning hearing on the matter to July 21 reinforced his earlier order directing the Attorney-General of the Federation (AGF), Akinolu Olujimi (SAN) to produce before the court documents on how the Abubakar regime made the 1999 Constitution at the court�s next sitting. Anambra State through its Director of Civil Litigation, Idigo Izundu, is challenging the suit on the grounds that the writ of summons has no triable issues, that the court is not properly constituted to hear the matter. The state is also challenging the suit on the grounds that the plaintiffs lacked the necessary locus, which locus the state noted has robbed the court of the competence and jurisdiction to entertain the matter. Anambra State further contended that the court cannot make any injunctive order as being sought by the plaintiffs. Hearing of the matter was stalled on Tuesday as counsel for the plaintiffs, Dr. Tunji Abayomi, had prayed the court for an adjournment to enable parties in the matter to be properly served to make meaningful contribution to the matter. He said: �We are ready to commence but there are three developments, the Attorney-General of Niger State, the 28th defendant had requested for time on the ground that the processes which by the records of this court were served on him had not gotten to him and that at this stage, he cannot make any meaningful contribution. �I think it accords with due process of law and our responsibilities as counsel to one another that take an adjournment. The second development is that counsel to the 6th defendant (Anambra State) had also requested for time to argue a preliminary objection touching on locus standi and the jurisdiction of this court,� he added. Abayomi submitted that: �in principle, the counsel to the 6th defendant is not entitled to an adjournment, but I understand that he has other cases in this court and he has been running around from one court to the other, in view of the fact that time is required for this important case, I will concede to an adjournment conditionally.� Specifically, ten lawyers had through their counsel, Dr. Abayomi gone to the court praying it to determine the following questions; · 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. · Whether a group of Nigerian citizens can lawfully assume general authority without delegation from the people in a free exercise of their will to initiate form write, publish or enact a Constitution for the people of Nigeria bound by common and equal citizenship in the nation and thereafter term it �Constitution� for Nigeria with binding power and force over the said people. · Whether a constitution can became a constitution of the State and Citizens of the Federal Republic of Nigeria without (a) Equal and uninhibited public participation of citizens in a free, uniform or common manner. (b) General open and public consideration by the people of the said constitution or by their representatives freely and validly delegated. (c) General and public approbation of its terms and content in a uniform or common manner. · Whether a military regime being an autocracy and being a government that came into power through usurpation viet armies (force of arms) in violation of the laws of the Federation, can initiate, form, write, publisher enact or enforce on Nigerians a �Constitution� made by it. · Whether a Constitution having been fashioned by the elected representatives of the people can be adopted as the Constitution for the state and citizens of Nigeria until it is laid before her people and approved in common consensus or procedure. · Whether a constitution having being written by the people through their representatives, can afterwards be reviewed, altered or amended in any manner by any group military or civilian except as specifically provided by the people in the said Constitution. · Whether any group of Nigerians, military or civilian can validly decree into law and by the said decree give to the citizens and State of Nigeria a constitution fashioned in their image and carrying only their approbation. · Whether the constitution fashioned and decreed into law by a past military regime otherwise known as �the 1999 Constitution� can be validated or justified under all laws made by the regime to guide control and direct the bringing about of the constitution having regard to all the process set up for the initiation, formation writing and/or publication of the said constitution or to direct or guide its legislative authority · Whether Decree 24, 1999 otherwise called �the Constitution� made for Nigeria with effective date of 29th May 1999 is a mere �law� made by the military or a constitution made by the people. And the plaintiffs seek the following declarations: · a declaratory judgement that decree 24, 1999 otherwise called the Constitution of the Federal Republic of Nigeria 1999 cannot 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 influence effect or tampering of a military dictatorship. · A declaratory judgement that no group of Nigerians whether military or civilians can lawfully assume general authority without delegation from the people in a free exercise of will to initiate form write publish or enact a constitution for other Nigerians bound by common and equal citizenship in the nation and thereafter term in Constitution for Nigeria with biding power. · A declaratory judgement that no constitution can become a constitution of the state and citizens of the Federal Republic of Nigeria without: (i) equal and uninhibited public participation of citizens in a uniform or common manner (ii) General open and public consideration of the whole people of the said constitution (iii) Public and general approbation of its terms and content by the people of Nigeria. · a declaration judgement that a military regime being an autocracy and being a government that came to power through usurpation viet armies (force of arms) in violation of the laws of the Federal Republic of Nigeria cannot initiate form, write, publish or enact and enforce on Nigerians a constitution made by it. · A declaratory judgement that a constitution having being fashioned by elected representatives of the people can only be adopted as the constitution for the safe and citizens of Nigeria after it has been laid before the people of Nigeria and approved in common consensus. · A declaratory judgement that a constitution having being fashioned by the people through their representatives cannot be reviewed altered or amended in any manner or by any group military or civilian except as specifically provided by the people in the said constitution. · A declaratory judgement that no group of Nigerians military or civilian can lawfully or validly decree into law and by the said decree give to the citizens and state of Nigeria a Constitution fashioned by the said group in their image and carrying their approbation alone. · A declaratory judgement that the Constitution fashioned and decreed into law by a past military regime otherwise known as �the 1999Constitution� cannot be validated or justified having regard to the process for the making of the Constitution under all relevant laws made by the regime to guide, control and direct the bringing about f the constitution or its legislative authority. · A declaratory judgment that Decree 24, 1999 otherwise called �the constitution� made for Nigeria with effective date of 29th May 1999is a mere �law� and not a �Constitution.� And plaintiffs seek the following mandatory orders of court warranted by the necessity of the present Order: (i) that an election be immediately conducted by law made by the National Assembly to choose representatives into a constitution Assembly/Convention from among all the people of Nigeria to fashion a constitution for the federation of Nigeria and her people. (ii) That the representatives shall all be elected in a democratic manner from each state in universal suffrage. (iii) That the representatives shall sit from time to time until such a period when a draft Constitution for the Federation shall have been agreed upon. (iv) That during the period of Constitution-making, the present governments of the federation shall continue to manage the affairs of the nation within the period as it is necessary and proper to make a constitution. (v) That the present government shall be accountable to the Assembly of elected representatives of the people in the various Assemblies until the Constitution is made. (vi) That upon the conclusion of a draft Constitution, it shall be put before the people for their comment and approbation. (vii) That the Convention Constitution shall thereafter be presented to the Constitution Assembly of elected representatives of the people to incorporate as it may deem proper and necessary such commends as the people may freely give in their review of the said constitution. (viii) That upon the incorporation f the comments, the Constitution Assembly/Convention of the representatives of the people, shall by vote, approve the said constitution for the people and on their behalf, signifying by their hand and signature their approval on the original document. (ix) That the original document carrying the hand and signatures of the representatives of the people shall become a national treasure kept in a manner prescribed by law. (x) That the structure of governments of the Federation shall immediately be brought forth by the present government in accordance with the new Constitution of the Federal Republic of Nigeria made in accordance with the order of the honourable court and the law passed by the National Assembly for the making of the said Constitution. · A prohibitive order of injunction restraining all governments of the Federation from conducting any future or further elections to the political offices of the Federation until a Constitution is made by the people of Nigeria in accordance with the order of court and any valid law made by the National Assembly for the purpose. · An order of injunction restraining the 2nd defendant or anybody set up by what ever name called from reviewing, amending what is otherwise called �Constitution of the Federal Republic of Nigeria 1999.�
Wednesday, June 30, 2004 |
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