A chieftain of the All Progressives Congress, APC in Ebonyi state, Charles Oko Enya on Wednesday approached Federal High Court sitting in Abakiliki for expulsion of section 137(1) (b) and 182 (1) (b) in the 1999 constitution (as amended).
In the suit No. FHC/AI/CS/90/19, filed on Wednesday at the court and was made available to journalists by his counsel, Barr. Iheanacho Agboti, the plaintiff said the section of the constitution doesn’t give the president opportunity to contest for third tenure.
The Applicant, Hon.Charles Oko Enya speaking through his Counsel, Barr. Iheanacho Agboti who is praying the Federal High Court sitting in Abakaliki to amend the 1999 constitution to allow President Muhammadu Buhari and the 36 State Governors to go for third term in office explained that “it is one thing for President Muhammadu Buhari and the State Governors to win in court and another thing for the electorate to vote for him in the 2023 general elections.
In an exclusive chat with Citizens‘ Advocate, Barr. Agboti who explained that the reason for the litigation was for the sustainability of President Buhari’s war against corruption and his boldness in comfronting the social menace.
“It is because of President Muhammadu Buhari’s anti corruption fight. No Nigerian President has been as boldbas Buhari in confronting looters. The boldness of the President against corruption is the reason for the litigation. The prosecutor is apprehensive that in the build up to the 2023 election that nobody could be as the President to comfront the war against corruption.
“Am expressing the views of the applicant It is one thing for him to win at the court and for People to vote for him. We are only doing our work as lawyers. What we did as lawyers was talk of the fact as it concerns the executive. We added the Governors to give it force. ”
According to the lawyer, his Plaintiff who is of the All Progressives Congress, APC in Ebonyi state, Hon. Charles Oko Enya approached a Federal High Court in Abakiliki for possible expulsion of section 137(1) (b) and 182 (1) (b) in the 1999 constitution (as amended).
Enya explained that the ongoing policy is discriminatory to section 42(1)(a) and articles 2 and 3 of the African Charter on Human and Peoples’ rights.
“The Three defendants were the Clerk of the National assembly, Mr Mohamed Sani-Omolori, National Assembly and the Attorney General of the Federation, Justice Abubakar Malami.
“The applicant, (Hon. Enya) had served as the organising secretary to president Muhammadu Buhari in the last election.”
According to him, “that section 137(1)(b)of the Constitution of the Federal Republic of Nigeria,1999 (as amended) restricting the president to only two terms of four years each, is inoperative by virtue of its discriminatory nature in relation to the executive and legislative branches of government in Nigeria, and therefore null and void and thus inapplicable”, he stated.”
The appellant who is now awaiting for hearing of the matter in 14 days from now, also sought the order of the court to direct the first and second defendants to delete and expunge sections 137(1)(b) and 182(1)(b) of the Constitution (as amended).
He further tasked the third defendant as the Chief Law Officer of the federal government to give the needed support to the first and second defendants to commerce a constitutional amendment that would remove the restrictions and the alleged discrimatory sections on tenure limits.
“Order of the court nullifying and setting aside section 137(1)(b) and 182(1) (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“And directing the first and second defendants to delete and expunge sections 137(1)(b) and 182(1)(b) of the Constitution of the federal republic of Nigeria, (as amended) #Follow us