1999 Constitution: Court deletes Ojukwu from suit

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The name of the late Biafra warlord, Chief Chukwuemeka Odimegwu-Ojukwu, has been struck out as a plaintiff in a suit praying a

The name of the late Biafra warlord, Chief Chukwuemeka Odimegwu-Ojukwu, has been struck out as a plaintiff in a suit praying a Federal High Court, Lagos, for an order to compel the Federal Government to replace the current 1999 Constitution of Federal Republic of Nigeria.

The plaintiffs are challenging the legitimacy of the constitution being a product of the military and seeking the court’s order to compel the government to replace it with “a true” Nigerian people’s constitution within a period not exceeding 18 months.

With the striking out of Ojukwu’s name from the suit following his death last year, the surviving plaintiffs are Nobel laureate, Prof. Wole Soyinka; and Mr. Fred Agbeyegbe.

Justice James Tsoho deleted Ojiukwu’s name from the list of plaintiffs, following an oral application the plaintiff’s counsel, Mr. Tony Nnadi, on the grounds of Ojukwu’s death.

In urging the court to grant his application, Nnadi told the court that four of the plaintiffs who originally filed the suit, had died since the case was instituted in 2010.

According to Nnadi, apart from Ojukwu, others who have died died are Chief Abioye Bankole – Oki, Chief Anthony Enahoro and Chief C. C. Onoh.

In urging the court to expedite the determination of the suit, the plaintiffs’ counsel noted that the suit was filed with a view to addressing heightening security challenges posed by the activities of Boko Haram, the Movement for the Emancipation of Niger Delta and other similar groups.

Nnadi also added that he might later to liaise with the surviving plaintiffs to know whether or not another person would be needed to replace Ojukwu.

Joined as respondents, are the President of the Federal Republic of Nigeria, Goodluck Jonathan, the Attorney General of the Federation, Mohammed Adoke, the Senate President, David Mark and the Clerk of the National Assembly.