The non-appearance of defence counsel before an Ado-Ekiti Federal High Court yesterday stalled the commencement of hearing in the suit seeking suspension of the June 18 governorship election.
The matter could not proceed as the defendants in the case – Independent National Electoral Commission (INEC) and Attorney-General of the Federation (AGF) – were absent, they did not also send legal representatives.
Justice Olaniyi Kuewumi subsequently fixed May 11, 2022, for hearing and to enable the defence counsel file their response.
The claimants, led by leader of the Yoruba Nation agitators, Prof. Banji Akintoye, Dr. Adebayo Orire and five others, were represented by their lawyers – Olasupo Ojo, Tolu Babaleye and three others.
They are demanding a total decommissioning of the 1999 Constitution to pave the way for a referendum so that the Yoruba could decide on their nationhood first and foremost.
They also argued that the preamble of the 1999 Constitution claimed that the people of Nigeria solemnly resolved to live together and make the constitution, but that the document was fraudulent and should be declared null and void.
In the event that the above sole issue is resolved in the positive, the claimants prayed 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 to the 1999 Constitution, inserted into the constitution by the military government, which 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 them…
It has, therefore, rendered the constitution illegal, invalid and null and void and of no effect on the grounds of naked lie.
“A declaration that no valid elections, whether presidential, governorship, national and state assembly or councillorship, 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, scheduled for June, 2022, by the INEC, cannot be validly held under the said illegal and invalid 1999 Constitution of Nigeria.
“An order of 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 because 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 court directing the defendants, jointly and severally, to stay clear of Ekiti in June 2022, and suspend, with immediate effect, plans and arrangements they have put in place to conduct such an illegal election in Ekiti State of Nigeria.”.