The Federal High Court in Abuja, Nigeria has rejected a lawsuit aimed at reinstating the 1963 Republican Constitution and repealing the 1999 Constitution. The case, dismissed by Justice Inyang Ekwo, was deemed incompetent.
Justice Ekwo ruled that the 1963 Republican Constitution is not an existing law and therefore cannot serve as the basis for any legal action. “A repealed law no longer has legal life as it does not exist any longer,” the judge emphasized.
The plaintiffs, led by King Oziwe Amba Albert and other notable figures, argued that the 1999 Constitution is an “expired military Decreed Transitional Constitution.” They sought to compel the National Assembly to reinstate the 1963 Constitution, which they described as a “people’s made” constitution.
In response, the National Assembly and other respondents contended that the 1999 Constitution remains in force until repealed by due legislative process. They also argued that the suit was not initiated in accordance with due process.
Justice Ekwo pointed out the plaintiffs’ contradictory stance: “They seek the same 1999 Constitution (as amended) to be declared null and void because it was brought into effect by the expired military decreed Transitional Constitution.” He added that the 1963 Constitution ceased to exist with the enactment of subsequent constitutions in 1979 and 1999.
In conclusion, Justice Ekwo dismissed the case, stating, “The applicants are barred by the doctrine of approbating and reprobating. Simply put, this action cannot be allowed to stand and I so hold.”
The case, marked FHC/ABJ/CS/18/2022, saw significant legal debate but ultimately reaffirmed the supremacy of the 1999 Constitution.
