Anambra Challenges Suit to Void 1999 Constitution
Government of Anambra State has filed a preliminary objection challenging the suit by 10 legal practitioners seeking to void the 1999 Constitution.
The lawyers, who included constitutional lawyer, Dr. Tunji Abayomi had challenged the 1999 Nigerian Constitution as 'illegitimate' being a product of the military and not the Nigerian people.
Anambra State Govern-ment is challenging the suit on the grounds that the writ of summons has no serious issue and that the Court is not properly constituted to hear the matter.
The state is also challenging the suit on the grounds that the plaintiffs lack the necessary locus to institute the action thereby robbing the Court off the competence and jurisdiction to entertain it.
The state further contented that the Court cannot make any injunctive order as being sought by the plaintiffs.
Hearing on the matter was stalled yesterday as counsel to the plaintiffs, Dr. Tunji Abayomi asked for an adjournment to enable parties in the matter get properly served so that they can make meaningful contributions to the matter.
In asking for the adjournment, Abayomi said, "We are ready to commence but there are three developments. The Attorney General of Niger state, the 25th 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 can not make any meaningful contribution.
"The second development is that Counsel to the 6th defendant (Anambra State) has also requested for time to argue a preliminary objection touching on locus standi and the jurisdiction of this Court
He further stated that: "In principle, the Counsel to the 6th defendant is not entitled to an adjournment but I understand that 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."
Adjourning hearing in the matter to July 21, 2004, the trial judge, Mr. Justice Steve Jonah Adah re-enforced his earlier order directing the Attorney General of the Federation (AGF) and Minister of Justice, Chief Akinlolu Olujimi, SAN, to produce the documents on how General Abdulsalami's government made the 1999 Constitution before the Court. `
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