Four Frauds That Are Fatal For The 1999 Constitution

Or Why The 1999 Constitution Must Be Jettisoned

By Chinweizu

Copyright © 2013, by Chinweizu

sundoor999@gmail.com

*Chinweizu

These fatal frauds are 4: the “We the people” fraud; the “federation” fraud; the “Fighting corruption” masquerade/fraud; and The “Socially responsible State” masquerade/ Fraud. Let’s examine them.

1.      The “We the people” Fraud.

On the 23^rd of May, 2007, the Movement for a New Nigeria (MNN) launched a legal attack on the 1999 Constitution by filing Suit No. FHC/ABJ/CS/367/07 in the Federal High Court, Abuja and, in 2009, Suit No. FHC/L/CS/558/09 before the Federal High Court, Lagos Division, seeking the termination of the operation of the 1999 Constitution on the ground that it is a forgery and a fraud in that it was made via Decree by one ‘Gen. Abudusalami Abubakar’ who lied in the preamble that ‘We the people of Nigeria….’ made and enacted it.  

The Plaintiffs in the Suits included Chief Anthony Enahoro, Dim Chukwemeka Ojukwu, Chief C. C. Onoh, Prof. Wole Soyinka, Prince Bankole-Oki (SAN), Bishop Bolanle Gbonigi, Alhaji Yerima Shettima, Alhaji Asari Dokubo, Chief Ralph Uwazuruike and Fred Ageyegbe Esq. The case, I understand, is still languishing in court, a victim of endless adjournments.

2.      The “Federation” fraud

Its federalism is a fraud because:

(a)   It falsely parades Nigeria as a federation whereas Nigeria ceased to be a federation in 1966, with the abrogation by the military of the 1963 federal constitution.

(b)   With the demobilization of the earlier federating units, its present states, the alleged federating units, have no constitutions of their own;

(c)    It lacks fiscal federalism: its behemoth Central Govt. (falsely called “Federal Govt.”) takes for itself a lion’s share of the country’s resources and gives crumbs to the 36 states and the 774 Local Governments; they are thus not economically self-reliant entities but subsist on allocations from the Central Government; they are, consequently, mere dependents and  administrative agents of the Central Government—contrary to federalism; 

3.      The “Fighting corruption” masquerade/ fraud

The 1999 Constitution is the Godfather of corruption, through the immunity clause (308. (1), which protects, and thereby implicitly invites, looting by the highest officials who have brazenly set the terrible example that the rest of society have emulated. However, it ostentatiously declares in Section 15. (5) that “The State shall abolish all corrupt practices and abuse of power”, thus giving the false impression that it is for fighting corruption. But it then surreptitiously annuls Section 15.(5) by its ouster clause (See fraud #4, discussed next)  It is a fraud for the Godfather of corruption to give the impression that it is against corruption, and the fraud is compounded when it empowers the State to fight corruption but then surreptitiously discourages it from doing so. That’s double duplicity/double perfidy!

   4.      The “Socially responsible State” masquerade/ Fraud

It surreptitiously relieves the Nigerian State of the customary and fundamental responsibility of a state for the welfare and security of the people it rules: This is done by technically annulling the obligations clearly and ostentatiously stated in its own “Chapter II: Fundamental Objectives and directive Principles of State Policy”. Chapter II is surreptitiously ousted in Chapter I, by section 6. (6)(c) thus:

(6) The judicial powers vested in accordance with the foregoing provisions of this section -

 (c) shall not except as otherwise provided by this Constitution, extend to any issue or question as to whether any act of omission by any authority or person or as to whether any law or any judicial decision is in conformity with the Fundamental Objectives and Directive Principles of State Policy set out in Chapter II of this Constitution;