He noted that Section 1 of the constitution referred to “people”, a group of military officials who came up with the constitution and imposed the same on the people.
Tolu Babaleye, an Abuja-based constitutional lawyer has explained why the Ilana Omo Oodua, the umbrella body of Yoruba Self-determination Groups, is heading to the court to stop the conduct of the forthcoming governorship elections in Ekiti and Osun states.
According to him, the 1999 constitution of Nigeria under which INEC wants to conduct the two elections and subsequent elections in Nigeria is invalid because no referendum was conducted when it was enacted in 1999.
Babaleye explained that the 1999 Constitution contradicted itself. He noted that Section 1 of the constitution referred to “people”, a group of military officials who came up with the constitution and imposed the same on the people.
He observed that there was no contribution on the part of the Nigerian people to the 1999 Constitution.
The lawyer added that going to the court is the proper, most civilised way to make a demand compared to other self-determination groups in different parts of the country who have resorted to violence.
He further stated that he had approached the Federal High Courts because it was not a creation of the 1999 Constitution. He said the High Court was created in 1973, then known as Federal Revenue Court.
He said the court was further renamed, Federal High Court in 1979.
Speaking with SaharaReporters on Wednesday, he stated, “I was engaged by the Yoruba socio-cultural group that they want to challenge the election in Osun and Ekiti and I said we should move to court because the court is the last hope of the common man and I said it is a sign of civilisation to go to court instead of carrying arms or engaging the police or army on the street.
“It is better for the matter to be in court to let the court determine and when I looked at the brief, I decided to approach the Federal High Court that the court should declare that under the 1999 constitution, no valid election can hold because the constitution lied against itself.
“I decided to move the matter to court to challenge the validity of the election that will be held in Osun and Ekiti states under the 1999 constitution.
“If you look at Section 1 of the 1999 constitution, it says we the people, but who are the people, it is just a few military men maybe the AFRC or SMC that time, I don't know what they're called now that came together to promulgate the constitution like a military regime.”
Speaking on the verdict of the court, Babaleye said if it favours the Ilana Omo Oodua, there will be no election in the state and if otherwise, he would brief the Ilana Omo Oodua to come up with the next line of action.
He, however, said the case would be pursued to a legible conclusion without a stint of violence.
He added, “If the court says election should not hold, so be it and if it says election should hold, well, the court in its own view will have taken a position as at that time, then we will discuss with our client and know the next line of action but I can assure you that we will pursue the matter to a legible conclusion devoid of any violence because it is only civilized people that go to court.”
In the lawsuit, the Ilana Omo Oodua is seeking, “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 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 Nigerian 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 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 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.”