Korede Abdullah in this special report, assesses the clamour for an amendment of the Nigerian 1999 Constitution. The most recent move for constitutional reforms was by a group of eminent Nigerians, called, The Patriots- men and women of influence led by former Commonwealth Secretary-General, Chief Emeka Anyaoku, on a visit to President Bola Tinubu.
Strident calls for a new constitution
In recent years, there has been a growing chorus of voices calling for the scrapping of Nigeria’s 1999 constitution, which was bequeathed to the country by the military, and the creation of a new one through a constituent assembly.
This movement has continued to gain momentum, with many prominent Nigerians, including academics, politicians and statesmen, arguing that the current constitution is flawed and has contributed to the country’s political, economic, and social woes.
Proponents of a new constitution believe that a fresh start, guided by the will of the people, is necessary to address the nation’s myriad challenges and pave the way for a more just, equitable, and prosperous Nigeria.
The call gained more momentum with Anyaoku’s group
The agitation for a new constitution is on the front burner public discourse as the renowned statesman and former Commonwealth Secretary-General, Chief Emeka Anyaoku added his voice to the growing calls for a new constitution in Nigeria.
He made the call during a recent meeting with President Bola Tinubu at the State House in Abuja, Anyaoku, who also serves as Chairman of the Patriots, urged the President to convene a national constituent assembly.
The constituent assembly’s task
According to him, the assembly would be tasked with drafting a new constitution for the country, a move seen as crucial for addressing Nigeria’s lingering political and socio-economic challenges.
Anyaoku’s proposal, presented during the meeting with President Tinubu, is part of a broader effort to reform the country’s constitutional framework.
It is believed that by advocating for a national constituent assembly, Anyaoku and other like-minded individuals aim to create a more inclusive and representative constitution that reflects the aspirations and values of Nigerians.
This development has injected fresh momentum into the campaign for a new constitution, with many hoping that President Tinubu will heed Anyaoku’s call and take decisive action towards constitutional reform.
Chief Anyaoku and members of his group were not the first to make this call. Professor Akin Oyebode, a renowned expert in International Law and Jurisprudence, Chief Mike Ozekhome, Senior Advocate of Nigeria, SAN, and many important figures have been proponents of a new constitution for the country.
Prof. Oyebode has strongly criticized the Nigerian constitution, in different fora labeling it as “military in nature” and “illegitimate”.
Professor Oyebode adds his voice
During an appearance on Sunrise Daily, a Channels TV Programme some time ago, Oyebode argued that the current constitution fails to reflect the will of the Nigerian people, as it was hastily assembled by a select few and imposed on the nation. He emphasized that the Senate’s decision to review the constitution is misguided, as it is not their place to unilaterally grant Nigerians a new constitution.
Instead, Oyebode advocated for the establishment of a constituent assembly that truly represents the diverse voices and interests of the Nigerian people. This assembly, he believes, should be tasked with drafting a new constitution that enshrines the principles of true federalism, addressing the country’s longstanding political and socio-economic challenges.
“If we agree that the military decree that is masquerading as a constitution is worse than useless; then of course we have to go about replacing it with a basic law of Nigeria.
“We have to elaborate on true federalism. We need devolution of powers. We should not be running to Abuja for every little thing,” Oyebode stressed.
He continued, “What we have been operating under the military constitution is a quasi-federal arrangement. So the constituent units don’t have the freedom to legislate on matters that affect their constituents.
“It is not the national assembly that should give us a new constitution. We the people or our representatives formed into a constituent assembly should discuss the modalities of living together.
“What we’ve been having, talking of the Decree 24 of 1979, is an illegitimate instrument. Where did we people gather to discuss and agree to live together? We never had that. It was a product of a military dictate. What you had was the Abdusalam constitution – I believe 29 Nigerians were constituted to draft the 1999 constitution.
“Nigerians now have the right to enact to themselves the fundamental law that will regulate how they are living together.”
Oyebode’s comments underscore the need for a more inclusive and representative constitutional framework, one that is born from the collective will of the Nigerian people rather than imposed by a select few. It’s also in tandem with Anyaoku’s group’s proposal to the president.
Many faults in the 1999 Constitution
The 1999 Constitution of Nigeria has been criticized for its overly centralized power structure, which has contributed to political tensions and uneven development across the country.
The critics aver that by granting substantial powers to the federal government, the constitution leaves states and local governments with limited autonomy and resources, hindering their ability to effectively govern and develop their regions.
Additionally, the constitution fails to provide an adequate framework for true fiscal federalism, leaving states and local governments heavily reliant on revenue allocations from the central government.
This lack of autonomy to generate their own resources has stifled economic growth and development at the subnational level.
The constitution also contains ambiguous and contradictory provisions, leading to differing interpretations and potential conflicts between different levels of government.
Moreover, the document’s insufficient protection of human rights has raised concerns about the safeguarding of citizens’ rights and freedoms, particularly for vulnerable groups.
The process for amending the constitution is seen as overly cumbersome, making it difficult to address emerging issues and adapt the fundamental law to the changing needs of the country.
The constitution’s weak system of checks and balances has led to concerns about the concentration of power in the executive branch. The president and the 36 governors wield significant authority over the legislature and judiciary, making it challenging to ensure proper oversight and accountability.
Whether the country is truly republican
The contentious area in the constitution which many Nigerians have never paid attention to is whether the country is truly republican in the true sense of the word, monarchical or quasi-monarchical.
According to Dr Oluwadare, a republic is a state where sovereignty rests with the people or their representatives, rather than with a monarch or emperor. He said if Nigeria is to go by its republicanism, there should be no place for any form of monarchy.
Dr Oluwadare has this to say, “Nigerians need to sit down and ask whether to adopt a hybrid or republican constitution which I will call ‘quasi-republican’ constitution which accommodate the existing traditional institutions which has been part of history from time immemorial.”
“If we agreed to adopt a quasi-republican constitution, then the traditional rulers should be given formal roles, and their offices should be more secured and not subjected to the whims and caprices of the stare governors.” Dr Oluwadare explained.
Deputy Speaker of the House of Representatives, Ben Kalu, also recently made a case for the traditional institutions in Nigeria which he argued had to be strengthened and protected from the influence of elected officials.
Sharia law in a secular constitution
The critics have pointed out the recognition of the shariah law in the constitution, despite expressly stipulating that Nigeria is a secular state. The provision was described as strange bedfellows by Ms Funke Cole, an economic historian and political analyst, who spoke with Africa Health Report (AHR).
The contentious issue has resurfaced in Nigeria, reigniting fierce debates about the role of Sharia law in the country’s secular state.
The controversy began in 1999 and gained momentum when Zamfara State pioneered the expansion of Sharia law into criminal justice, establishing Sharia courts with corresponding jurisdiction.
This move was soon followed by eleven other Northern states, which implemented similar legislative programs.
However, the constitutionality of extending Sharia law into criminal justice remains a topic of debate. While Section 275 of the federal Constitution permits the creation of state Sharia Court of Appeals, it is unclear whether this implies discretion for states to create Sharia courts with jurisdiction over criminal cases.
Critics argue that this expansion of Sharia law raises questions about the secular nature of the Nigerian state and the potential for conflicting legal systems. As the debate continues, many are calling for clarity on the role of Sharia law in Nigeria’s constitutional framework.
Pathway to a stronger Nigeria: Constitutional Reform
To rectify the inherent weaknesses in the 1999 Constitution, experts and critics alike advocate for a comprehensive constitutional reform.
The proposed solution involves the establishment of a constituent assembly, tasked with drafting a new constitution that prioritizes decentralization of power, paving the way for regional autonomy, robust checks and balances, and true fiscal federalism. By adopting this approach, Nigeria can:
– Foster more equitable development across regions
– Ensure greater accountability and transparency in governance
– Safeguard the fundamental rights and freedoms of all citizens
Through constitutional reform, Nigeria can address the longstanding challenges hindering its progress and create a more just, prosperous, and united nation for generations to come.
