Court dismisses suit seeking re-adoption of 1963 Republican Constitution

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1963 Republican Constitution News

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A Federal High Court, Abuja, has dismissed a suit seeking an order restoring to full operation the 1963 Republican Constitution in Nigeria and repealing the 1999 Constitution (as amended).

A Federal High Court, Abuja, has dismissed a suit seeking an order restoring to full operation the 1963 Republican Constitution in Nigeria and repealing the 1999 Constitution .A Federal High Court, Abuja, has dismissed a suit seeking an order restoring to full operation the 1963 Republican Constitution in Nigeria and repealing the 1999 Constitution .Justice Ekwo held that 1963 Republican Constitution is not an existing law and no action could be founded to it as the applicants had done.

It was also filed pursuant to Articles 13, 14, 20 and 21 of the African Charter on Human and Peoples’ Rights Act, LFN 2004 , “An award of N1 trillion in damages against the respondents for their illegal and reckless dereliction, abandonment and abuse of their legislative duty in the use and engagement in unwarranted and unconstitutional amendment of the expired military Decreed Transitional Constitution as cover and instrument to oppress, dominate, recolonised and seizure of the applicants protected rights to properties, wealth and natural resources for their personal and sectional/class gains.

In the preliminary objection filed, the respondents said the court lacked jurisdiction to entertain the suit. The judge said it was a clear case where the applicants took advantage of the provisions of the 1999 Constitution in one breath and on the other breath, sought to have the same constitution declared null and void,

Justice Ekwo also noted that the applicants founded the case on the provisions of Sections 1 and 140 of the 1963 Republican Constitution.“It actually ceased to exist upon the enactment of the 1979 Constitution, and I refer to Section 274 thereof. “It needs to be stated firmly that the 1963 Republican Constitution is not an existing law and no action can be founded to it as the applicants have.

“In fact, it has since been removed from the statute book and thereby cannot form part of the existing law.“It is my conclusion at this point that, this action has fully collapsed, thereby leaving no room for any other issue in this cause to be considered and I so hold. The Nigerian Education Loan Fund has announced that the application portal is now open. “The NELFUND Student Loan Application Portal is now LIVE! Apply today to secure the financial support you need for your education. Visit http://nelf.gov.ng to get started,” NELFUND disclosed this in a post on Friday. READ ALSO: NELFUND opens application portal…

 

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