2 reasons section 143 of the Constitution must be activated – IPOB
Editor’s note: The Indigenous People of Biafra have in series of analysis tried to enlighten the public on the charges against its leader Nnamdi Kanu.
Some IPOB members
However, in this fresh analysis, the group has called on the National Assembly to activate Section 143 of the 1999 Constitution as amended. The group also gave reasons why the section of the constitution as amended must be activated.
Below is the analysis done by Barrister Emma Nmezu and Clifford Iroanya.
Public Enlightenment Series:
TWO COMPELLING REASONS WHY THE NATIONAL ASSEMBLY MUST IMMEDIATELY ACTIVATE SECTION-143 OF THE CONSTITUTION OF NIGERIA
Retired Major-General Muhammadu Buhari came into limelight on three occasions before being forced on Nigerians as their president by the combined might of Mr. Barack Obama and Mr. David Cameron.
The three occasions are:
1) On the 29th of July 1966, he participated in the assassination of Major-General J. T. U. Aguiyi-Ironsi who was then Head of State of Nigeria.
READ ALSO: Biafra: What crime did Nnamdi Kanu actually commit? IPOB provides analysis
2) In 1968, he was part of the group of Northern soldiers who massacred over two million Biafrans at Owerri.
3) On the 31st of December 1983, he committed treason when he forcefully and violently overthrew the democratically elected Federal Government of Nigeria headed by Alhaji Aliyu Usman Shehu Shagari.
Even after committing treason and just before he was overthrown in August of 1985, he went further to kill several civilians courtesy of Decree-2 and Decree-4. Thirty-two years after committing treason, he became the president of Nigeria on the 29th of May 2015 and within seven months of his checkered presidency, committed two grievous and unpardonable misconducts that should be grounds for activation of Section-143 of Nigeria’s Constitution.
To start with, Buhari’s candidacy for presidential election was not in compliance with Section-131(d) of the Constitution which states thus: “A person shall be qualified for election to the office of the President if – (d) he has been educated up to at least School Certificate level or its equivalent.” Buhari did not provide any proof that he had a School Certificate.
READ ALSO: Biafra: IPOB gives analysis of charges against Nnamdi Kanu
For not producing his certificate, it can be inferred that whatever Buhari presented was forged and which should necessitate the application of Section-137(1-j) which states that: “A person shall not be qualified for election to the office of President if – (j) he has presented a forged certificate to the Independent National Electoral Commission.”
Buhari committed the act of misconducts on two grounds, and these are unarguable cases of perjury and abuse of office. Buhari lied under oath, which is in contravention of Section-19 of the Fifth Schedule of the Constitution which states as follows: “”misconduct” means breach of the Oath of Allegiance or oath of office of a member or breach of the provisions of this Constitution or a misconduct of such nature as amounts to bribery or corruption or false declaration of assets and liabilities“.
Recall that on the 29th of May 2015, Buhari took Oaths of Allegiance and Oath of Office of President which includes non-interference in the discharge of the duties of other arms government.
However, he told the world during his Media Chat of December 30, 2015, that Nnamdi Kanu and Sambo Dasuki will never be released and this was after the courts have ordered their unconditional release.
READ ALSO: Will Kachikwu, Amaechi openly admit being Igbos, being classified as Biafrans?
Buhari’s comment was not only a violation of the Seventh Schedule of the Constitution but it is also in violation of Part-I Section-9 of the Fifth Schedule of the Constitution which states that “A public officer shall not do or direct to be done, in abuse of his office, any arbitrary act prejudicial to the rights of any other person knowing that such act is unlawful or contrary to any government policy.“
On the same day of his Media Chat, Buhari committed perjury when he lied to the public by saying that even though Nnamdi Kanu has two International Passports, he (Nnamdi Kanu) never entered Nigeria with any passport. Buhari’s statement can be viewed by clicking on the following Youtube link: https://www.youtube.com/watch? v=wZhuaHvxh6M.
Buhari made this statement in his capacity as the President of Nigeria for which he took an oath per the Seventh Schedule of the Constitution and thereby committing perjury as defined by the term “misconduct“ in Section-19 of the Fifth Schedule of the Constitution.
On this basis, we, therefore, call on the National Assembly to immediately activate Section-143 of the Constitution of Nigeria to avoid further casualties.
The removal of Buhari using Section-143 of the Constitution will ensure a temporary stability for Nigeria as the country prepares for its dissolution into the founding nations of Biafra, Arewa, and Oduduwa.
READ ALSO: Ndigbo, Why go back home when Lagos offers you more success?
Without the removal of Buhari, according to Section-143 of the Constitution, the unstoppable and irreversible disintegration of Nigeria into the nations above may take a violent and calamitous path which will end up hurting internal and external stakeholders in Nigeria including the economic interests of foreign governments.
A stitch in time saves nine and Biafra exit from the British creation called Nigeria is irrevocable and unchangeable.
Signed
Barrister Emma Nmezu
Dr. Clifford Chukwuemeka Iroanya
Spokespersons for IPOB
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