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Wholesale Jettisoning of the Rogue 1999 Constitution, Not Amendments

Lower Niger Congress (LNC)
First published 24 December 2018

Cover Note:
Since this paper was published in December 2018, elections went ahead in 2019, then again, presidential elections in 2023 happened. The results of those 2019 elections, including the tribunal that challenged it afterward, were both suspects.

Now we are in 2023, and presidential elections have taken place. Those who thought that by going to vote, they were doing what would bring about change and democracy have now seen that they had been deceived – elections were massively and openly rigged. But in order to understand HOW they had been deceived, they should take time to read and digest the information contained herein. They will learn that logically and practically, you cannot “amend” a “constitution” when in the first instance, that deceitfully named document was never made or agreed upon properly – it is a Forgery foisted upon Nigerians. They will learn that going to elections can never mean change when the so-called Constitution does NOT belong to “we the people.” Therefore, going to elections is simply a deceit in order to get Nigerians to renew the fraudulent 1999 Constitution, the source of all their miseries.

16 March 2023


For the same reasons, the Apartheid Constitution of South Africa was not cured by Amendments, the Nigerian Unitary Constitution 1999 cannot be cured by Amendments.

The Mandate of the National Assembly is to make Laws according to the dictates of the Constitution. That mandate does not include constitution-making, which requires constituent powers.

Constituent powers reside exclusively with the people of Nigeria as an incident of their sovereignty. The  legislative powers conferred by election on the Legislature do not include Constituent Powers unless the People specifically confer that power on a body with constituent powers (maybe by some kind of election or selection) for the limited purpose of renegotiating, distilling, or altering the constitutional arrangements on their behalf, anyone in government, whether in the legislative, executive or judicial Arm, pretending to wield constituent powers, is on a mission of usurpation and is actually committing Treason against the Polity and the People.

This much was said in both November 16, 2018, Open Memorandum to the President
(https://www.facebook.com/618603708275794/posts/1406123622857128/ ) and the Multi-Regional
Freedom Park Proclamation of December 11, 2018
(https://www.facebook.com/618603708275794/posts/1427239224078901/ ).

There was a parliament in South Africa dominated by the Boers who imposed the Apartheid Constitutional Order. If the cure to Apartheid was to be through amendments, it would then have been entirely in the hands of the Boers to decide what they give up and what they retain, and so nothing more than marginal changes will come from that, and the Apartheid Monster would have remained there to date.

In the same vein, the Master-Servant Unitary Constitutional Order of Nigeria was imposed by the Fulani-led Caliphate, which by illicit State/LG Creation during the long Military interregnum of 1966-1999, now holds a standing majority of the seats in the National Assembly. If the cure to the worse than Apartheid Unitary Constitution of Nigeria is to be by Amendments, it will be in the hands of Nigeria’s National Assembly controlled by the Caliphate imposers of the Unitarian Constitution to decide what to give up and what to keep from their illicit basket of gains secured and legitimized by a combination of brute force and guile.

Even by the express admission of the framers of the so-called 1999 Constitution in Section 14 Subsection 2(a), which posits that:

“Sovereignty belongs to the People from whom Government, through this Constitution, derives all its Powers and Authority”;

The Power to Make or Unmake a Constitution belongs Exclusively to the People (the Constituents in whom Sovereignty resides). The limited power delegated to the Legislature to alter (amend) the Constitution is usually subjected to the Validation Process of a Referendum, just to be sure that the People have the final say on the Contents of their Constitution. The situation in Nigeria is that the Component Constituents (We the People) have not made a Constitution as falsely claimed in the Preamble to the Rogue 1999 Constitution, and so there is nothing to Amend. Accordingly, we either brace up and make a constitution or dismantle the union forthwith.

This is a universal truism and the universal irreducible minimum for the legitimacy of Constitutions. The Nigerian Constitution 1999 woefully fails this test, having been imposed by Decree without any Reference to the People.

This was what the Lower Niger Congress (LNC) and MNN [Movement for New/No Nigeria, now NINAS] Alliance Partners took before the Courts in 2007 Challenging the Legitimacy of the 1999 Constitution and seeking the Termination of its Operation.

Irrespective of where in Nigeria they come from and irrespective of what Political Party they belong to, those who, despite the loud shouts and agitation by virtually all Regional Blocs of Nigeria, cling tenaciously to the 1999 Constitution that was imposed in the absolute negation of the sovereignty of the People, and in the negation of this universal irreducible minimum for legitimacy, illicitly exercising governmental powers and authority mandated by the Rogue 1999 Constitution, ARE ACTUALLY COMMITTING TREASON AGAINST THE POLITY AND AGAINST THE REST OF NIGERIA.

Consequences will attach to this deliberate and brazen criminality, especially in the parts of the country where the Agitation for the restoration of the suppressed and hijacked sovereignty of the people have become the basis of massive bloodshed, whether for restructuring or exit into Independence from what has become a Union of Death and Attrition. 

A choice is being made right now by all of us by our actions, on which side of the cold divide we wish to be counted: FOR OR AGAINST THE CONTINUED OPERATION OF THE ROGUE 1999 CONSTITUTION.

Going to further National Elections in 2019 on the basis of the 1999 Constitution, whether as a candidate or supporter, or voter, puts you on one side. Being a part of the push to halt the journey to another National Election in 2019 under the Rogue 1999 Constitution puts you on the other side. 

It is pertinent to add here that NO RESTRUCTURING WILL HAPPEN UNLESS SOMETHING TERMINATES THE OPERATION OF THE 1999 CONSTITUTION. Anyone who is chanting restructuring but does not yet realize this imperative should please, for the good of society, step back from the public political space, whether as actors or commentators, to first enlighten themselves on the grave issues at play and to avoid misleading the ill-informed, distressed Populace further into misery.  

This is the crux of, and rationale for the recently deployed Shutdown-2018 Designs by the LNC and its MNN Alliance Partners, targeting the orderly but immediate Termination of the 1999 Constitution (the Multi-Regional FREEDOM PARK PROCLAMATION of December 11, 2018) 

Those who shout restructuring but turn around to support one more round of elections in 2019 under the Unitary Constitution 1999 are either ignorant, dishonest, or both.

All reasons we may wish to advance for being on the side of heinous and treasonable criminality against the People will count for nothing when rickety Nigeria, defined by the rogue 1999, snaps as it is bound to. That would be a sorry day for those on that side.

Tony Nnadi

LNC

December 24, 2018

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