Court rejects bid to restore 1963 Constitution

The suit was instituted under Order II Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules, 2009 (FREPR 2009); Chapter IV, Sections 35, 36, 42, 46, 315 and Transitional Constitution Decree No. 24 of 1999; and Sections 1 and 140 of the 1963 Republican Constitution of Nigeria.

It was also filed under Articles 13, 14, 20 and 21 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, LFN 2004 (hereinafter referred to as ACHPRRE Act 2004).

Articles 1, 2, 7, 21 and 30 of the United Nations Universal Declaration of Human Rights (hereinafter referred to as UNUDHR), International Covenant on Civil and Political Rights (hereinafter referred to as ICCPR) and under the inherent jurisdiction of the court.

They described the 1999 Constitution as an “expired military Decreed Transitional Constitution.”