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OLISA AGBAKOBA’S BILL ON RESTRUCTURING to NASS is tantamount to aiding and abetting the treasonous hijack, confiscation and appropriation of sovereignty of the constituent peoples of Nigeria by the illicit federal government of Nigeria and the National Assembly. TO Take
The Memorandum by Olisa Agbakoba to the Senate proposing the Modalities for Constitutional Amendments create the impression that Olisa Agbakoba (SAN) does not understand:
(1) What a Constitution is, (ie that a Constitution is the Union Agreement). In saying this, may I Refer us to the Egregious Lie in the Preamble to 1999 Constitution which reads in part that:
“We the People of the Federal Republic of Nigeria; Having Firmly and Solemnly Resolved to Live in Unity as One Indivisible and Indissoluble Sovereign Nation ….. Do Hereby Make and Give To Ourselves the Following Constitution”
May I also juxtapose the False Claims in that Preamble with the Contents of Abdusalam Abubakar Decree No.24 of 1999 which spelt out step-by-step how the so-called 1999 Constitution was made by the Armed Forces Ruling Council of the time showing clearly that there was no meeting of the Constituent Peoples of Nigeria nor any Firm or Solemn Resolution to become One Sovereign Political Union as claimed in the Preamble to that Constitution?
(2) That the Power to Make or Remake the Constitution vests exclusively in the Constituent Component Peoples of Nigeria as an incident of their Sovereignty even by the Admission of the Rogue 1999 Constitution at S.14(2)(a) that:
“Sovereignty Belongs to the People of Nigeria, from whom, Government, through this Constitution, Derives all its Powers and Authority”
(3) That the Legislative Power of the National Assembly is limited to Making Laws under the Constitution and does not Extend to Constitution-Making.
The limited Powers usual made available to Parliaments to Amend Constitutions are always subjected to the Referendum of the People. In the case of Nigeria, the same Criminality of Claiming that “We the Peoples of Nigerian” made the 1999 Constitution, was extended to empowering the National Assembly to Amend the Rogue act 1999 Constitution without any reference to the Peoples of Nigeria. This is Treason considering that the Military that Imposed the 1999 Constitution and its 1979 Precursor, had Toppled the Union Agreement (ie the 1960 and 1963 Constitutions of Nigeria) since 1966.
(4) The Imposition of the Fraudulent 1999 Constitution by Decree No.24 of 1999 and the arrogation of the Power to Amend that Constitution to the National Assembly, are both tantamount to the Hijack and Confiscation of the SOVEREIGNTY of the Constituent Component Peoples of Nigeria and this is continuation and reinforcement of the Treason against the Peoples of Nigeria, first initiated by Abdusalam Abubakar in 1999 and being now being continued and aggravated by the National Assembly of Nigeria since 1999.
(5) In the face of the Countrywide Repudiation of the 1999 Constitution and the Vigorous Campaign for the IMMEDIATE Wholesale Decommissioning of that 1999 Engine of Fraud, the Memorandum of a Lawyer of the Stature of Olisa Agbakoba (SAN), to the Senate of Nigeria, on the subject, is an act of Treachery against the Distressed Peoples of Nigeria considering the fact that many of our People actually look up to Lawyers like him in the Public Space to guide them out the entanglement and enslavement foisted on them by the Rogue 1999 Constitution.
(6) The Nigerian Bar Association (NBA) and other Senior Legal Practitioners in Nigeria MUST now take a clear position on this subject as silence will amount to aiding and abetting the Treasonous appropriation of our Collective Sovereignty by the Federal Government and particularly the National Assembly and an act of Treachery by Lawyers in Nigeria to encourage this Treason against the Peoples of Nigeria, entrapped by the 1999 Constitution.
For the purpose of this Open Invitation to take a Position, the Nigerian Bar Association and all the Lawyers who may wish to weigh in on the burning issue are also invited to thoroughly examine the November 16, 2018 “OPEN MEMORANDUM TO PRESIDENT MUHAMMADU BUHARI ON RESTRUCTURING BY THE LNC AND ITS MNN ALLIANCE PARTNERS” (attached below and reported by Guardian Newspaper of November 18, 2018)
Here below is a video from the June 28, 2018 Colloquium of the Pan-Yoruba Voice of Reason (VOR) where several guests including Olisa Agbakoba (SAN) and Tony Nnadi spoke on the subjects of Constitution-Making and Restructuring at the Nigerian Institute of International Affairs, (NIIA) Victoria Island, Lagos, (2m:25sec and 10m:20sec respectively). The Olisa Agbakoba November 2020 Memorandum on Restructuring to the Senate is clear Departure from the consensus at the June 28, 2018 Colloquium at the NIIA regarding The Who Has the Power to Make the Constitution and the Modalities for Making the Constitution.

Tony Nnadi
A lawyer, wrote from Lagos.

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