2023: '99 Constitution illegal, invalid to conduct polls — Akintoye, others


...As Court fixes April 13, 28 for mentions on suits filed on Osun, Ekiti

LEADER of Ilana Omo Oodua, IOO, Professor Banji Akintoye, his deputy, Professor Wale Adeniran; Dr. Olusola Oni, Pastor Ayodele Praise, Mr. Hakeem Lawal, and 15 others, yesterday, faulted the Independent National Electoral Commission, INEC, on its plans to use the 1999 Constitution of the Federal Republic of Nigeria, as amended, for the conduct of the 2023 general elections. 

Akintoye, in a statement by its Communications Secretary, Mr. Maxwell Adeleye, said INEC failed to meet an essential requirement to be qualified as a valid constitution.

He, however, said the two court cases instituted by the group on the forthcoming governorship elections in Osun and Ekiti states will come up for mention in April.

The statement reads: "The two court cases instituted by the umbrella body of Yoruba Self-determination Groups, Ilana Omo Oodua Worldwide, challenging the validity of the 1999 Constitution of Nigeria as amended, will come up for mention on April 13 and 28, respectively, at Federal High Courts, sitting in Osogbo, Osun State and Ado-Ekiti, Ekiti-State, respectively.

"We are also seeking to stop the conduct of the forthcoming Governorship Elections in Ekiti and Osun States, arguing that the 1999 constitution of Nigeria which INEC want to use to conduct the two elections and subsequent elections in Nigeria is invalid because no referendum was conducted when it was enacted in 1999."

The defendants are the Attorney-General of the Federation, Mr Abubakar Malami, SAN, and INEC.

An Abuja based lawyer, Mr. Tolu Babaleye, is the lead counsel for Ilana Omo Oodua.

They 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.” 

Culled from Vanguard

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