By Dapo Akinrefon, Rotimi Ojomoyela & Shina Abubakar 

ADO-EKITI — SEVENTEEN Yoruba Nation self-determination activists, under the auspices of Ilana Omo-Odua Worldwide, yesterday, filed two suits at the Federal High Courts in Ado-Ekiti and Osogbo, respectively, seeking an order to compel the Independent National Electoral Commission, INEC, from conducting the June 18 and July 16 governorship elections in Ekiti and Osun states.

The activists, represented by their constitutional lawyer, Tolu Babaleye, urged the court to declare the current 1999 Constitution of Nigeria as illegal, invalid and of no effect whatsoever, because no referendum was conducted before it was enacted.

They said: “Without having a referendum, which is an essential part in the process of making a constitution, the 1999 Constitution is illegal, invalid and of no effect whatsoever.”

A statement by the Communications Secretary of Ilana Omo Oodua Worldwide, Mr. Maxwell Adeleye, said the suits filed on their behalf by their counsel had the Attorney-General of the Federation, AGF, and Independent National Electoral Commission, INEC, as defendants.

The statement reads in part: “We are praying for a categorical order that against the backdrop that the current Nigerian Constitution is illegal and invalid because no referendum was conducted before it was enacted, INEC does not have the law that can be used to conduct elections anywhere in Yoruba Land, a region within Nigeria, thus, the forthcoming Ekiti and Osun Governorship polls and all future elections should be stopped in Yoruba Land until a referendum is held for the Yoruba people 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, urged 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 because it failed to satisfy the essential requirements of the 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 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 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 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.”

We’re not aware of any court suit — INEC

When contacted, the Chief Press Secretary to the NIEC chairman, Mr. Rotimi Oyekanmi, said elections in Ekiti and Osun States will hold as scheduled.

He said: “It is within the prerogative of every Nigerian or Nigerians to file a suit in court over any matter that is of interest to them. But what is clear beyond any reasonable doubt is that the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the new Electoral Act 2022 give the Independent National Electoral Commission, INEC, the power to conduct governorship elections among other designated elections at specified periods.

“Section 180 (2) of the 1999 Constitution as amended says that a State Governor shall vacate his or her office at the expiration of a period of four years commencing from the date that he or she took the oath of office and oath of allegiance. 

Section 178 (1) of the same constitution also states clearly that an election to the office of Governor shall be held at a date to be appointed by the INEC, effectively giving the Commission the power the set the timetable for a Governorship election and all other elections assigned to it.

“To that extent, the Ekiti and Osun Governorship elections will hold as scheduled on June 18 and July 16, 2022, respectively. ”

In his reaction, the Resident Electoral Commissioner, REC, in Ekiti State, Dr Tella Adeniran, said the commission was not aware of any court suit.

Adeniran, in a telephone conversation with Vanguard, said the Commission “is busy preparing for the June 18 governorship elections and it has commenced registration of eligible voters across the state.”

Similarly, the REC in Osun State, Professor AbdulGaniy Raji said he does not know such an attempt to stop the poll.

Raji said: “We are not aware of any court processes attempting to stop the election scheduled to hold July 16, 2022, and we have not gotten any notice of such litigation.

“As I speak with you, I am not aware of any suit in any part of the country and we have not gotten any information to that effect.”

Vanguard News Nigeria