The recent call by The Patriots, a group of eminent Nigerians led by Chief Emeka Anyaoku, a former Secretary-General of the Commonwealth of Nations, on President Bola Tinubu, to set up a Constituent Assembly to draft a new constitution for the country, has reactivated the consciousness of ethnic nationalities and other interest groups on the need for a constitution that serves the interest of the people.
For decades, Nigeria has gone back and forth over constitution review and amendments. The last attempt was made in 2014, when then president, Goodluck Jonathan convened a National Conference headed by Justice Idris Kutigi. With Jonathan losing election the following year, not much has been heard about the conference report since then. Yet, agitations for the restructuring of the country have continued to grow, even in the face of socio-economic challenges.
Nothing wrong with current constitution – Arewa Think Tank
Notable Northern group, Arewa Think Tank said it would amount to misplaced priority for the federal government to embark on the constitution review when the nation is grappling with issues of insecurity that needed topmost attention to safeguard the country from terrorism and other criminal elements.
In his reaction, Convener of ATT, Muhammad Alhaji Yakubu said, “The problem of Nigeria is not about having a new constitution. We have to do with the one we are using now because for us, nothing is wrong with it. Our current problem is how to tackle insecurity and hunger in the country. And therefore, all hands must be on deck to support President Bola Tinubu to rid this country of socio-economic challenges the country is currently undergoing. The Patriots who asked Tinubu to review the 1999 constitution at this critical time did not give full thought about the immediate priorities of the nation. So we at Arewa Think Tank are against the constitution review for now until Nigeria is fully secured from the hands of terrorists and other criminals in the country,” he stated.
Constitution not Nigeria’s problem –CNG
Leader of the Coalition of Northern Groups (CNG), Jamilu Aliyu Charanchi, has said the problem of Nigeria is not a constitutional issue, but the absence of patriotic leadership.
In his words, a new constitution isn’t Nigeria’s problems, noting that there have been many instances where the constitution has been flagrantly breached.
“If the nation’s leaders have the fear of God and love the country as they love their families, love the masses of the country as they love their family members, it will go a long way in solving the country’s problems. It is not about the constitution.
Charanchi agreed that the 1999 constitution is deficient in so many ways, but he insisted that Nigeria’s major problems are the deficiency of patriotic leadership, noting that the deficiency of leadership has created crises in every sector of the country.
No constitution can address all issues– Northern CAN
The Christian Association of Nigeria (CAN) in the 19 Northern States and FCT, Abuja has kicked against the demand for a brand new constitution. In its view, there is no perfect constitution anywhere in the world.
Secretary General, Northern CAN, Elder Sunday Oibe, when contacted by Saturday Sun, stated: “Who are these Patriots that advised President Tinubu to review the 1999 constitution? The process of constitutional review is already laid down for us in the constitution which must go through the National Assembly.
“The issue of demand for the review of the constitution has been a long desire in the hearts of many Nigerians. In 2014, under the leadership of President Goodluck Jonathan, there was the national confab, beautiful work was done where they gathered the best brains, whose works one can say resemble the constitution of Nigeria. But some people, including the present President Bola Tinubu jettisoned it. They refused to participate. The deficiency of the 1999 constitution starts from the opening statement, which says “we the people.” Who are the ‘we the people?’ When did Nigerians gather together to say that we have bequeathed to ourselves a constitution? It was a military fiat. It was not the representative of the people. That is the number one deficiency. The deficiency number two is that there is lop-sidedness in the 1999 constitution.
“If you are a person that is lettered about the constitution, there is too much power that is invested in one office. So there is a need for the resolution of power because when you concentrate power in one office too much, and as the people say, absolute power corrupts absolutely. And we have witnessed in this country that people misuse that office to oppress other people. So for me that deficiency needs to be addressed but it must start with Nigerian people themselves, sitting down at a round table to say we the 250 million tribes in Nigeria have agreed on how to coexist. We are not coexisting. We have been forced to marry and it is a forced marriage.
“And the problem we are facing will continue to snowball because we have never sat down to discuss the constitution that will guide our way of operations. There is no perfect constitution anywhere in the world. And that is not enough to say that if by now we adopt the 2014 Confab report or decide to review the 1999 constitution, it is going to resolve all the problems. No. But the 2014 Confab report will be able to help us to address some critical issues that are bedevilling Nigeria, that is making us not make progress as desired. So to that extent, yes, it can address some certain issues. But there is no constitution that will be able to address all issues in life. It cannot resolve all problems, but it can reduce and address some major challenges that are bedevilling us as a country.”
Yes, Nigeria needs new constitution – Yoruba elders
The Yoruba Council of Elders (YCE) threw its weight behind the advocacy for a new constitution for Nigeria.
The Secretary-General of YCE, Chief Oladipo Oyewole, told Saturday Sun that the council has an unequivocal standing for its position on the Constitution of Nigeria.
“Rationally, the YCE thinks along with the Patriots, and with all patriotic Nigerians, that Nigeria should go back to the pre-Independence Constitution wherein there was a fair arrangement, which specified the roles of the regions, an open-minded field of play with control measures at the centre.
“At best, Nigeria should have a new constitution to replace both the 1966 and the 1999 albatross that has been hanged and may remain hung on every Nigerian neck for generations to come.
“The present constitution is seriously viewed mainly as a contraption that was enforced on the elders, the old and the young without consultations…”
Oyewole added that the late Gen. Thomas Aguiyi-Ironsi’s Constitution, “which was hurriedly drafted by Prof. Ben Nwabueze, was foisted on Nigerians in 1966. It claimed that it was a Constitution of the National Government.
“Then came Gen. Olusegun Obasanjo, in 1999, who brought his own ideas and had it foisted on all Nigerians.
“Both arrangements were made without recourse to the people through a referendum, nor a national conference. Yet the opening glee stands to be ‘We the people of Nigeria’. For how long shall we continue to live in denial?
“The truth shall be told when we all agree on the contents of the Constitution of Nigeria as ‘We the people of Nigeria’.
Oyewole stated that based on the stated facts, the YCE agreed fully with the Patriots. He said: “There is a need to bring the ‘Peoples of Nigeria’ together via a referendum or via a National Conference to plead their case once and for all times.
“As for the expectations, we elders of the Yoruba Council of Elders, would want the rule of law and good governance for the country to exist in peace, unity and progress.
“Without gainsaying, the 1999 Constitution is lopsided and it remains a strong cause of fear and disunity in Nigeria as at now.
“For Nigeria to be united, we need to talk! It is only after a proper negotiation that brothers can be brothers and sisters can be united as one.
“Enough is enough. It is time to let go of the 1999 contraption, which for all intent and purpose, is lopsided.”
It’s time for new, truly federal constitution – Afenifere
The pan-Yoruba socio-cultural and socio-political organisation, Afenifere, stated that the call by The Patriots for a new constitution ‘is quite welcome as it is in conformity with what majority of Nigerians have been clamouring for, at least in the recent time.
National Publicity Secretary of the organisation, Mr. Jare Ajayi, told Saturday Sun that Afenifere has been advocating a truly federal, people-oriented and people-centred constitution for some time.
He added that the need for a new truly federal constitution was realised when the present one is not serving the best interest of the people.
His words: “Incidentally, this also reflected very well in the presentation by the leader of the group that visited Mr. President in person of Chief Emeka Anyaoku when he stated that ‘All these challenges that we are currently facing are symptoms of the inappropriateness of the constitution that we have at present, the inappropriateness of the governance system we have at present’.
Ajayi added that The Patriots gave cogent reasons for the desired new constitution, while also alluding to the disclosure by Chief Anyaoku that the decision to take the plea to Mr. President was taken at a meeting members of the Patriots had in March, this year.
Speaking further, Afenifere spokesman stated that the response of President Bola Tinubu on the issue is reassuring.
Afenifere lauded The Patriots for the advocacy, including the steps recommended to have a new constitution made for Nigeria within the shortest time.
Expressing delight at the fact that the call for a constitution that would make Nigeria a true federation has gathered so much momentum, Ajayi urged the government not to tarry any longer in setting the machinery.
We need new people’s constitution backing regional autonomy – ADF
The Alaigbo Development Foundation (ADF) has said the country was in urgent need of a new constitution. Supporting the demand by The Patriots, Secretary of ADF, Chief Abia Onyike said the current military-imposed constitution of 1999 as amended should be consigned to the dustbin.
He noted that the 1999 constitution was monolithic, concentrating much powers at the centre to the detriment of the federating units.
Onyike reiterated the group’s call for regional autonomy and said that was all Nigeria needed to remain united and make progress as a country.
In addition, ADF faulted the call for the wholesome implementation of the recommendations of the 2014 Constitutional Conference Report because according to them, some extraneous issues were lumped up at the same time.
“We in ADF support the proposal fully. We need a people’s constitution in Nigeria. We should have a constitution written by the Nigerian people and not a military-imposed constitution like the current one.
“The 1999 Constitution is deficient because it is a monolithic constitution which puts all the powers at the centre. Nigeria is a diverse country and a multi-ethnic nation state. It should be run on the basis of genuine federalism, which implies that there should be regional autonomy and fiscal federalism. All the powers must not be concentrated at the centre. Such an arrangement cannot work in a heterogeneous society like Nigeria.
“There should be a new constitution and not an amendment. Adopting the recommendations of the 2014 Constitutional Conference Report is not the solution. Many unrelated issues were included in the 2014 Report such as the creation of states, which we consider diversionary,” Onyike stated.
Why new constitution is important – Nzuko Umunna
Similarly, Nzuko Umunna stated that the call for a new constitution was a recognition of the deep-rooted issues within the current constitutional framework, which has struggled to address the aspirations and challenges of all Nigerians.
The leading Igbo think-tank believes that the idea of crafting a new constitution offers a unique opportunity to create a foundational document that truly reflects the diverse needs and identities of the Nigerian people, ensuring inclusiveness, equity, and justice.
Its main expectation is that the proposed constitution must be a document that genuinely embodies the will of the people.
Executive Secretary of Nzuka Umunna, Dr. Uju Agomoh told Saturday Sun that the group expects it to promote true federalism, decentralizing power in a manner that allows for the equitable distribution of resources and responsibilities.
“The new constitution should prioritize the protection of human rights, social justice, and the rule of law. It should also provide mechanisms for peaceful coexistence among Nigeria’s diverse ethnic, religious, and cultural groups, ensuring that every citizen, regardless of their background, feels a sense of belonging and security within the nation,” she stated.
According to Nzuko Umunna, the 1999 Constitution has several deficiencies that have hindered Nigeria’s progress; chief among which was its centralization of power, thereby stifling regional development and innovation.
The group said: “The constitution’s failure to adequately address the issue of resource control has fuelled agitations in various parts of the country. Moreover, the 1999 Constitution, being a product of a military decree, lacks the legitimacy of being truly “people-driven,” as it was not the result of a broad-based consensus or democratic process. This has led to a disconnect between the constitution and the aspirations of many Nigerians.
“While amendments to the 1999 Constitution or the adoption of the 2014 National Conference report could provide some relief to Nigeria’s challenges, Nzuko Umunna believes that these measures are, at best, temporary fixes. The 1999 Constitution, even with amendments, remains fundamentally flawed, and the 2014 National Conference report, though comprehensive, was not implemented and lacks the force of law. We believe that Nigeria’s complex problems require a more holistic solution-a new constitution that is thoroughly debated, inclusive, and directly reflects the will of the people. Such a document would lay the groundwork for a more just, equitable, and sustainable future for all Nigerians.”
Nigeria needs new people’s constitution –MBF
President of the Middle Belt Forum (MBF), Dr. Bitrus Pogu, in his contribution, said that the 1999 constitution was deficient as it starts with falsehood – “We the people…” He pointed out that the military used its fiat to produce the constitution that doesn’t take the plurality of the nation into consideration, which is why the country continues to grapple with a myriad of problems.
The MBF leader emphasised that the issues raised by The Patriots were to save the country.
Dr. Pogu noted that the country had a real people’s constitution before the military intervention, and suggested the need to revisit that constitution, as well as considering the new development which has been catered for in the 2014 constitutional conference report.
He said ethnic nationalities should then sit and passionately forge a people’s democratic constitution in order to avoid the situation that crashed countries like Yugoslavia, Sudan.
The MBF president said the 2014 confab report would go a long way in addressing the larger portions of the nation’s problems.
“It is a better option and it will work for the nation. Those who were afraid of restructuring before because they thought oil was everything have now realised that there are so many things that can yield more in terms of revenue, and there is no part of this country that cannot produce revenue to sustain itself. What is needed is the right constitution that will address the nation’s plurality and serve the interest of everybody,” he noted.
We need referendum for new constitution – Ijaw National Congress
The President of the Ijaw National Congress (INC), Prof. Benjamin Okaba has said that the 1999 constitution is a satanic document in the manner in which it was drafted by the military to serve sectional interests with a lot of infractions on the justice system, particularly resource justice.
According to the Ijaw leader, the amendment of the constitution in piecemeal will not resolve the problems of this country, noting that there is need to have a referendum to get a new constitution when all the ethnic nationalities have to come up with proposals on what will work, as the 1999 constitution has outlived its usefulness.
Some people, he pointed out, believe that even the 1914 treaty expired after 100 years, so, a fresh start by this country is the best. It is not a bad thing for the eminent leaders to point this out. On his expectations from the proposed new constitution, Prof. Okaba, said he was opposed to the present day National Assembly reviewing the new constitution because they are part and parcel of what Nigerians call bad governance that has kept the country to where it is today. He believes that ethnic nationalities have to be deployed to get their very best to sit together including those who are opposed to restructuring.
“The nation should have a constitution that enables constituents to maximize whatever benefits they want to get from their resources; and a constitution that is not very expensive.”
He noted that the present constitution is deficient in so many areas.
“It doesn’t have a federal character. From the Exclusive list and the Concurrent list, he said, one will discover that too much power is given to the centre, making the constituents to depend solely on the centre; the revenue allocation and the derivation principles are not applied. Nigeria should have a constitution that will have a powerless centre and very powerful state and local government systems, so that the states can survive without depending on the feeding bottle economic system.
We need referendum for new constitution – Ijaw National Congress
The President of the Ijaw National Congress (INC), Prof. Benjamin Okaba has said that the 1999 constitution is a satanic document in the manner in which it was drafted by the military to serve sectional interests with a lot of infractions on the justice system, particularly resource justice.
According to the Ijaw leader, the amendment of the constitution in piecemeal will not resolve the problems of this country, noting that there is need to have a referendum to get a new constitution when all the ethnic nationalities have to come up with proposals on what will work, as the 1999 constitution has outlived its usefulness.
Some people, he pointed out, believe that even the 1914 treaty expired after 100 years, so, a fresh start by this country is the best. It is not a bad thing for the eminent leaders to point this out. On his expectations from the proposed new constitution, Prof. Okaba, said he was opposed to the present day National Assembly reviewing the new constitution because they are part and parcel of what Nigerians call bad governance that has kept the country to where it is today. He believes that ethnic nationalities have to be deployed to get their very best to sit together including those who are opposed to restructuring.
“The nation should have a constitution that enables constituents to maximize whatever benefits they want to get from their resources; and a constitution that is not very expensive.”
He noted that the present constitution is deficient in so many areas.
“It doesn’t have a federal character. From the Exclusive list and the Concurrent list, he said, one will discover that too much power is given to the centre, making the constituents to depend solely on the centre; the revenue allocation and the derivation principles are not applied. Nigeria should have a constitution that will have a powerless centre and very powerful state and local government systems, so that the states can survive without depending on the feeding bottle economic system.
Nigerians have right to a referendum – Lawyers
Igbo Lawyers Association (ILA), an umbrella body for lawyers of Igbo extraction in Nigeria, said the 1999 Constitution was a one-man military gift to the people.
It said that with identifiable defects, the present constitution started with a lie in using the words: “We, the people of Nigeria when at no time did the people unanimously agree to have a 1999 Constitution of the federal republic.
Coordinator of the apex Igbo legal group, Victor Onweremmadu, said the position of his group had remained clear that the 1999 Constitution of the Federal Republic of Nigeria, was defective and needed to be discarded for a more purposeful one drafted and agreed upon by the federation units and accepted through a referendum.
“On whether there is a defect in the 1999 Constitution of the Federal Republic of Nigeria, I say, Yes. The 1999 Constitution is a military gift. There was no time the people of Nigeria agreed to have a 1999 Constitution.
“So it is fraudulent to the Nigerian people to say it is our constitution when we never gave it to ourselves. It was the military, one person, Abdusalami Abubakar, who gave Nigeria the Constitution. That is a very big deficiency and it cannot in any way, solve the problems we are facing.”
The ILA Coordinator said there was much to learn from the abandoned Report of the 2014 Constitutional Conference, organised by the former president Goodluck Jonathan regime, which he called, “a good one.” The group, which lamented that the buhari government jettisoned the report, said if Nigeria, must have a new constitution, provisions should be made to adopt majority of the 2014 Confab Report, while allowing room for referendum on issues affecting the federating units in the country.
A rights lawyer and Convener, Lawyers in Defence of Democracy and Good Governance, Ugochukwu Hanks-Ezekiel, has said that there was nothing wrong in the call for referendum by some groups in Nigeria, including the Indigenous People of Biafra (IPOB).
Though referendum is not recognised under the 1999 Constitution (As amended), he said that International Laws acknowledge the rights of people to agree on the environment and area of cohabitation.
Referendum, therefore, is a fundamental right of any individual, Hanks-Ezekiel argued, adding that “Where you live, how you operate, and laws to obey is the right of a man from birth.”
He further argued that since the Constitution allows for amendment, it means that Nigerian laws can be amended to reflect the wishes of the people.
“Referendum simply means sampling opinions of the people and that cannot be illegal. I encourage the Nigerian government, especially the National Assembly, to listen to the people and amend the Constitution.
“I agree that the National Assembly and State Houses of Assembly should work quickly to give Nigerians a new Constitution.
“However, there should be due consultation and harmonization of all reports from other conferences convened by past administrations,” Hanks-Ezekiel said.
Another lawyer and rights activist, Maduka Onwukeme criticized the 1999 Constitution, arguing that it was never drafted through a popular process involving the country’s various ethnic groups but was instead imposed by the military.
He claimed the constitution concentrates too much power in the federal government while leaving states with insufficient authority and lacking fiscal federalism. Onwukeme believes this centralization allows dominant sections of the country to control the federal government to the detriment of local governance.
Onwukeme also defended the call for a referendum, stating that the African Charter on Human and Peoples’ Rights, to which Nigeria is a signatory, supports the right to self-determination. Additionally, he pointed out that Nigeria is a member of the UN Convention recognizing ethnic groups’ rights to self-determination.
He argued that a referendum could address various ethnic and regional agitations by allowing different groups, such as IPOB, Niger Delta Militants, Yoruba Nation activists, and Islamic extremists, to present their agendas for public vote.
According to Onwukeme, such a process could prevent the disintegration of Nigeria by facilitating dialogue and creating a new, agreed-upon constitution or charter.
A lawyer and former Chairman, Nigeria Bar Association (NBA) Ikeja Branch, Dave Ajetomobi, echoed similar concerns, stating that all ethnic nationalities in Nigeria are weary of the unequal federation imposed by military regimes.
He criticized the current constitution as a product of military imposition rather than a genuine people’s constitution. Ajetomobi emphasized that a true constitution should result from negotiations among ethnic groups and be ratified by a referendum.
Ajetomobi also criticized the 1999 constitution for its centralized power structure, which he argued has led to resource mismanagement and suffering in resource-rich regions like the Niger Delta and Zamfara. He claimed that the constitution reduces states to dependency on federal authorities, with even state judicial officers appointed by a federal body, the National Judicial Council (NJC).
Credit: The Sun