Seventeen Yoruba Nation Self-determination Activists, have filed two suits at Federal High Courts in Ado-Ekiti and Osogbo, praying for a declaration that the current 1999 Constitution of Nigeria is illegal, invalid and of no effect whatsoever because no referendum was conducted before it was enacted.
The Activists, who are members of the umbrella body of Yoruba Self-determination Groups, Ilana Omo Oodua Worldwide, in the suits filed on their behalf by their Lawyer, Mr. Tolu Babaleye, have the Attorney General of the Federation (AGF) and Independent National Electoral Commission (INEC) as Defendants.
The Activists, led by the Leader of Ilana Omo Oodua Worldwide, Professor Banji Akintoye, from Ado-Ekiti, his Deputy, Professor Wale Adeniran, from Ile-Ife, Osun-State, an Ado-Ekiti based Medical Doctor, Chief Bayo Orire and 15 others, are demanding for a total rejection of the 1999 constitution of Nigeria to pave way for a referendum so that the indigenous people of Yoruba Land can decide on their nationhood.
A statement made available to Newsmen by the Communications Secretary of Ilana Omo Oodua Worldwide, Mr. Maxwell Adeleye, indicates that the Activists are praying for a categorical order that against the backdrop that the current Nigerian Constitution is illegal and invalid, INEC does not have the law that can be used to conduct elections anywhere in Yoruba Land.
The Activists want the forthcoming Ekiti and Osun Governorship Polls and all future elections to be stopped in Yoruba Land until a referendum is held to decide on the system they want for themselves within Nigeria and whether they even want to remain as Nigerians.
The Claimants, led by Akintoye, pray the Court for the following reliefs:
“A Declaration that the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) is invalid, illegal and of no effect whatsoever by reason of its failure to satisfy the essential requirements of referendum and national consensus expected of a valid Constitution.
“A Declaration that the preamble/introductory passage to the 1999 Constitution was inserted into the Constitution by the Military Government.
It says ‘’we the people of Nigeria have resolved to give ourselves a Constitution’’ is a lie when in the actual fact it was the Military Government that came up with the document and imposed it on the people without any contribution from the Nigerian people.
“It has therefore rendered the Constitution illegal, invalid and null and void and of no effect on the ground of naked lie fraud.
“A Declaration that no valid elections whether Presidential, Governorship, National and State Assembly or Councillorship elections can be validly held under the said invalid and fraudulent Constitution as one cannot build something on nothing in law and expect it to stand.
“A Declaration that the forthcoming Ekiti State Governorship election which is scheduled to be conducted in June, 2022 by the INEC cannot be validly held under the said illegal and invalid 1999 Constitution of Nigeria.
“An Order of this Honourable Court stopping the holding of the scheduled Ekiti State Governorship election coming up in June, 2022 from being held as there is no valid legal framework for such an exercise.
“The 1999 Constitution (As Amended) under which the said Governorship election is planned to be conducted is illegal, invalid and inherently defective.
“An Order of this Honourable Court directing the Defendants jointly and severally to stay clear of Ekiti and Osun States in June and July 2022 and suspend with immediate effect the plans and arrangements they have put in place to conduct such an illegal election in Ekiti and Osun States of Nigeria.”
No date has been fixed for hearing of the two cases.
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