Or Why The 1999 Constitution Must Be Jettisoned
By
Chinweizu
Copyright
© 2013, by Chinweizu
*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 23rd 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;