The Federal High Court in Abuja has dismissed a suit seeking to restore the 1963 Republican Constitution in Nigeria and repeal the 1999 Constitution. The judgment, delivered by Justice Inyang Ekwo, ruled the suit as incompetent.
Justice Ekwo noted that the 1963 Republican Constitution is not an existing law, making any actions related to it invalid.
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The applicants in the case included the Regent King of Diobu Kingdom in Delta State, Oziwe Albert, along with Wombo Bulus, Karim Sekanobi, James Kokomi, Danjuma Modu, and the Centre for Probity and Democratic Studies.
The applicants had filed the suit against the President of the Senate and National Assembly of Nigeria, the Clerk of the National Assembly, and the Chairman of the Senate Committee on Constitution Amendment.
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They described the 1999 Constitution as an “expired military transitional constitution” and argued that the 1963 Republican Constitution is the legitimate constitution created by the people.
The applicants sought an order to stop the continued use and amendments of the 1999 Constitution and to compel the National Assembly to re-adopt the 1963 Republican Constitution with necessary amendments.
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They claimed that this would ensure peaceful co-existence among all ethnic nationalities in Nigeria. Additionally, they demanded N1 trillion in damages against the respondents for allegedly abusing their legislative duties and using the 1999 Constitution to oppress the applicants and seize their rights to properties, wealth, and natural resources.
However, the respondents filed a preliminary objection, arguing that the court lacked jurisdiction to entertain the suit and that it disclosed no reasonable cause of action. The court upheld this objection, reinforcing that the 1999 Constitution remains active and effective until it is repealed by the National Assembly.
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