NINAS Secretariat
31 May 2024
FRAUD ALERT – 3: Re: “A Bill for an Act to Substitute the Annexure to Decree 24 of 1999 with a New Governance Model for the Federal Republic of Nigeria”
This is a Press Statement Issued by the NINAS Secretariat on May 31, 2024, in response to inquiries emanating from the purported “Draft Bill for the Substitution of the 1999 Constitution” by one Akin Fapohunda. This Statement is issued under the Title:
“Search For New Constitutional Arrangements For Nigeria: The Buffoonery Of Akin Fapohunda’s Draft Bill For Back-Door Substitution Of 1999 Constitution”.
Preliminaries:
(i) As Nigeria continues to wobble in the throes of its Self-Inflicted Woes and as the obdurate Proprietors of Unitary Nigeria continue their frantic search for a back-door exit from the paralyzing binds of a Disputed Union, the internet went agog May 30, 2024, with a certain self-evidently bogus document dated May 29th, 2024, bearing Nigeria’s Coat-Of-Arms, titled: ”A Bill for an Act to Substitute the Annexure to Decree 24 of 1999 with a New Governance Model for the Federal Republic of Nigeria” authored and issued by one notorious agent of darkness called Akin Fapohunda.
(ii) With the wide circulation of this patently bogus document on the internet, a flurry of inquiries flooded the NINAS Secretariat from anxious members of the public who already understand from NINAS that Constitution-Making is beyond the Powers and Mandate of the National Assembly and who are already mobilizing their own People towards the NINAS Transitioning Template for Union Reconstruction.
(iii) NINAS would have ignored this miserable effort by Akin Fapohunda and his co-travelers to replace the Fraudulent 1999 Constitution with a far more Fraudulent Constitution through the back door via a Draft Bill but for the sharp semblance between this Fapohunda’s attempt at Grand Deceit, with the Sacrilegious Proposal of Olisa Agbakoba in December 2023 made Publicly to the President of Nigeria’s Senate, Godswill Akpabio, in the presence of Nigeria’s Interregnum President, Bola Tinubu at the Birthday Colloquium for how the National Assembly could conjure up some extraordinary powers under S.4(1) of the defeated 1999 Constitution, to unilaterally write and enact a replacement Constitution for Nigeria.
(iv) Agbakoba’s Sacrilegious Proposal was followed in a few weeks (early 2024) by the audacious but Ignorant declaration by Benjamin Kalu, Deputy Speaker of Nigeria’s House of Representatives, that the National Assembly will write a New Constitution for Nigeria in 2024.
(v) By reason of the fact that Akin Fapohunda used Nigeria’s Coat-Of-Arms to issue his May 29, 2024, abominable Proposal for a back-door wholesale Substitution of the Fraudulent 1999 Constitution, NINAS is persuaded that the National Assembly or its Principal Officers are part of a conspiracy to create an impression in the Public Space that the National Assembly of Nigeria is actually processing a Bill to smuggle another Constitution that is not Negotiated or Discussed by the Constituent Peoples of Nigeria. This is Treasonable in the reckoning of NINAS.
(NINAS understands from news reports that the House of Representatives has disowned the said Draft Bill news. However, the NINAS Statement issued in response to inquiries relating to the Illicit Draft Bill stands for the reasons offered.)
(vi) In view of the undisguised triangular interface between the aforementioned Olisa Agbakoba Sacrilegious Proposal of December 2023, the Benjamin Kalu “New Constitution” Declaration of February 2024 and the Akin Fapohunda Rogue Proposition of May 29, 2024, the response of NINAS Secretariat at this time to the overall situation is to adopt in whole and reproduce in full, its Reprimand of February 28, 2024 to the National Assembly titled: FRAUD ALERT-2 followed the FRAUD ALERT-1 by which we Rebuked Olisa Agbakoba in December 2023 for his Sacrilegious Proposal.
(vii) As clearly outlined in its December 16, 2020, Constitutional Force Majeure Proclamation, NINAS states upfront that the Constituent Peoples have Neither Agreed Upon Nor Made any Constitution themselves, contrary to the Claims made in the Preamble of the Fraudulent 1999 Constitution upon which the Disputed Nigerian Union is currently erected. ACCORDINGLY, there is no Constitutional Basis upon which any Legislative Action relating to the Being, Definition, and Terms of the Nigerian Federation can be anchored.
(viii) NINAS also posits unequivocally that the Powers and Legislative Mandate of the National Assembly are limited to Law-Making and does not extend to Constitution-Making as Constitution-Making requires Constituent Powers which the National Assembly does not have and which vests EXCLUSIVELY with the Constituent Peoples of Nigeria as an Incident of their Sovereignty.
Here is the aforementioned Fraud Alert-2, which shall, together with these 8-Point Preliminary comments, constitute NINAS’ response to the May 29, 2024 New-Constitution-Through-Back-Door Proposition of Akin Fapohunda :
F R A U D A L E R T – 2
COMPOUNDING THE TREASON AND FRAUD OF 1999: A NINAS NOTE OF CAUTION TO NIGERIA’S NATIONAL ASSEMBLY.
– February 28, 2024
(Being a Rejoinder on behalf of the NINAS Secretariat to Nigeria’s House of Representatives in its misguided quest to manufacture a “New Constitution” in 2026 for the Distressed Federation of Nigeria).
This Rejoinder and Note of Caution is the response of the NINAS Secretariat to the numerous inquiries that have trailed a news report credited to the Deputy Speaker of Nigeria’s National Assembly about how “a New Constitution for Nigeria will be ready in 24 months”. (Here is a link to said News Report:
https://news.band/just-in-new-constitution-will-be-ready-in-24-months-says-kalu/)
We state as follows:
(1) NINAS assures the Public that with the Defeat and Delegitimization of the 1999 Constitution, the Decommissioning Processes that will culminate in the wholesale Dismantling of that Fraudulent Constitution are in Process.
(2) In the face of:
(a) the protracted disputations around the Question of the Legitimacy of the 1999 Constitution on grounds of the indisputable Fraudulence of its Basis (ie the False Claim in the Preamble of that Constitution that the Constituent Peoples of Nigeria did Firmly and Solemnly Agree to be One Indivisible and Indissoluble Political Union) and the illicit Enactment (ie imposition by Military Decree No.24 of 1999);
(b) The formal admission of the 9th National Assembly that the National Assembly lacked (and still lacks) the power to make a Constitution for Nigeria, it is inconceivable that any group of Lawmakers could in 2024 gather in Abuja, and resume the nauseating, insulting and infuriating discussion about their plan to make a New Constitution for Nigeria in 24 months.
(3) Whether driven by Ignorance, Arrogance, or Mischief, the National Assembly should note that the Peoples of Nigeria, to whom the authorship of the 1999 Constitution has been falsely imputed but in whom the Constituent Powers required to Make Federating Constitutional Arrangements EXCLUSIVELY reside, have under the aegis of the Nigerian Indigenous Nationalities Alliance for Self-.Determination (NINAS) formally repudiated and rejected the Fraud of 1999 as the Basis of the Union and has since December 16, 2020, Declared a Union Dispute by way of a Constitutional Force Majeure. (Here is the Full text of the NINAS December 16, 2020, Constitutional Force Majeure as published by the Guardian Newspaper on January 20, 2021 (Pages 38, 39, 40 & 41)
https://guardian.ng/features/notice-of-constitutional-grievances-declaration-of-constitutional-force-majeure-and-demand-for-transitioning-process-for-an-orderly-reconfiguration-of-the-constitutional-basis-of-the-federation/;
(here also is the link to a Public Communication on behalf of NINAS explaining the fact that the Legislative Mandate of the National Assembly is limited to Law-Making and does not extend to Constitution-Making, which requires Constituent Powers – https://www.ninasvoice.org/the-legislative-mandate-of-the-national-assembly-does-not-extend-to-constitution-making).
(4) We recall that sometime in the last quarter of 2023, in the midst of the largely contrived confusion and distorted discussions around the question of appropriate Constitutional Arrangements for Nigeria, with the loud but directionless debates about the “Restructuring” of Nigeria, the Nigerian Bar Association (NBA) had, in what seemed like a choreographed script, invited Memorandums from All Lawyers in Nigeria to support the plan of the National Assembly to carry out a “Comprehensive Review of the 1999 Constitution”. Shortly afterward came the Olisa Agbakoba Lecture at the Akpabio Birthday Colloquium in Abuja.
From recent public pronouncements of the Deputy Speaker of Nigeria’s House of Representatives on the subject, it appears that the 10th National Assembly has adopted the weird suggestions of Olisa Agbakoba (SAN), made at the December 2023 Birthday Colloquium of Godswill Akpabio (Nigeria’s Senate President) in the presence of the Bola Tinubu (Nigeria’s Interregnum President), about how the National Assembly could draw some imaginary powers from Section 4(1) of the Fraudulent 1999 Constitution, to make a New Constitution for Nigeria.
A Rejoinder and Rebuke dated December 19, 2023, was issued by the NINAS Secretariat, denouncing those weird and untenable Prescriptions of Olisa Agbakoba.
NINAS says without equivocation that no alphabet will be taken from the Fraudulent 1999 Constitution and the Amendments to it, neither will any New Constitution or Constitutional Instrument, made by the National Assembly of Nigeria, pursuant to any Provisions of the 1999 Constitution be accepted as Basis for the Nigerian Union.
(5) For the avoidance of doubt and the purpose of clarity, we adopt in full the aforementioned December 19, 2023 Rejoinder as an integral part of this Note of Caution to the National Assembly, and we invite Members of the National Assembly as well as the General Public to Read that Rejoinder in full as part of the wider explanation for our complete rejection of whatever the National Assembly plans to throw up as “New Constitution” in 2026. (Here is the link to that NINAS Rejoinder to, and Rebuke of Agbakoba:https://ninasmovementnews.substack.com/p/rejoinder-to-olisa-agbakobas-frying
(6) Let it be known to all that the Fraudulent imposition of the 1999 Constitution via Abdusalami Abubakar’s Decree No.24 of 1999 was a Treasonous act, tantamount to the Hijack and Confiscation of the Sovereignty of the Constituent Peoples of Nigeria to whom the authorship of the atrocious “1999 Constitution” is Falsely Credited in the Preamble to that Constitution.
(7) The retention of that illegitimate 1999 Constitution (and all Amendments to it), as the Basis of the Nigerian Federation since 1999 is tantamount to a compounding of the said Treasonous act and Fraud of Abdusalami Abubakar.
The suggestion that the National Assembly could somehow, unilaterally manufacture a “New Constitution” by virtue of some power that could be drawn from the 1999 Constitution is most reprehensible, and it would be tantamount to a further Compounding of the Treason and Fraud of 1999 should the National Assembly attempt to cobble and foist another illegitimate Constitution on Nigeria, standing on the dubious authority of the so-called “1999 Constitution”.
(8) Let it be known, therefore, that NINAS will reject in its entirety, any Constitutional Instrument by the National Assembly of Nigeria, howsoever distilled or derived, for the reasons stated hereinbefore. Let it also be stated that consequences will attach for Participation in the Treason of the Continuing Hijack and Confiscation of the Sovereignty of the Constituent Peoples of Nigeria.
(9) In closing, NINAS invites the Government and People of Nigeria, including Members of the National Assembly, Political Parties, and the General Public, to the NINAS 5-Point Proposition for the immediate Constitutional Reconstruction of Nigeria, in place of the endless voyage in the ocean of affliction that Unitary Nigeria has been sailing for decades.
Inquiries to: (Text Only) +234-810-056-9448 +234-906-472-0016
Email: /@ninasvoice.org
For NINAS Secretariat,
Tony Nnadi
February 28, 2024.
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Adopted today, May 31, 2024, as a response to the May 29, 2024 Draft Bill by one Dr Akin Fapohunda to the National Assembly of Nigeria to Substitute the 1999 Constitution.