Absence of judge stalls suit to stop Osun, Ekiti, 2023 general elections

By Deborah Oladejo, Osogbo

A suit filed by some members of the Ilana Omo Oduduwa, contesting the legality of the 1999 Constitution as the framework upon which to conduct the Osun, Ekiti and the 2023 general elections, was on Tuesday frustrated due to the absence of the trial judge.

Some members of the organization had taken the Attorney General of the Federation (AGF), Abubakar Malami, SAN, and the Independent National Electoral Commission (INEC) to court over the 1999 constitution’s eligibility to conduct the gubernatorial elections in the states of Ekiti and Osun.

The lawsuit, filed by about 20 people including the self-determination group’s leader, Professor Banji Akintoye, and his deputy, Professor Wale Adeniran, demanded that the 1999 constitution be completely decommissioned to allow for a referendum in which the indigenous people of Yoruba land can decide first and foremost on their nationhood.

Tolu Babaleye, the organization’s lawyer, said in Osogbo on Tuesday that the group is challenging the 1999 constitution because it was not made by Nigerians and did not follow the global process of constitution-making.

He said: “What we are challenging is that, where did the people gathered to make that constitution? When? What we’re saying is that the constitution did not follow the due process of constitution-making, anywhere in the world. And that being the case, the constitution is illegal and the court should pronounce it to be.”

He added that the position of the group is that the constitution lied against itself and thereby lacks the legality under which the July 16 Osun gubernatorial election will be conducted.

“If the court can come to the conclusion that the constitution is illegal, then everything found on it will be illegal. And it will not be able to stand,” he noted.

The lawyer appreciated the members of the Ilana group for deciding to approach the court over the matter and not resulting to street demonstrations capable of causing commotion, killing, and burning of houses among others.

“The best way to address the issue is what we’re doing now. Only civilised people go to court. And I believe the government must be able to recommend that,” he added.

Deputy Secretary-General of the Ilana Omo Oduduwa Worldwide, Dr Kayode Akinwande, while speaking with journalists in the court premises stressed that the constitution is fraudulent and that the group will boycott the Osun gubernatorial elections should the court delay the trial.

He added that the same struggle will be extended to the 2023 general election, noting that their demand is not an election or restructuring but a referendum.

The case was adjourned till May 24 for mention.