Eminent leaders of thought, including elder statesmen and former governors, have called for the complete abolishment of the 1999 Constitution of the Federal Republic of Nigeria, citing its lack of legitimacy and inability to address the country’s challenges.
The call was made at the Nigeria Institute of International Affairs (NIIA) in Lagos during the National Dialogue on the Constitutional Future of Nigeria in honor of renowned legal luminary Prof. Ben Nwabueze. The event was organized by the Patriots, a pan-Nigerian group of eminent national leaders of thought, with the theme “Lawful Procedures for Actualizing a People’s Constitution for Nigeria.”
Key figures at the event included former Secretary-General of the Commonwealth and Chairman of the Patriots, Chief Emeka Anyaoku; Leader of the Pan-Yoruba socio-political organization, Afenifere, Chief Ayo Adebanjo; former Minister of Finance, Dr. Kalu Idika Kalu; and Governor Babajide Sanwo-Olu of Lagos State.
Former governors in attendance included Senator Aminu Waziri Tambuwal of Sokoto State, Obong Victor Attah of Akwa Ibom State, Donald Duke of Cross River State, Rotimi Amaechi of Rivers State, Gbenga Daniel and Ibikunle Amosun of Ogun State, Rauf Aregbesola of Osun State, and Kayode Fayemi of Ekiti State, all of whom supported the call for a new constitution.
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Anyaoku, speaking at the event, emphasized that the current constitution lacks the legitimacy expected in a pluralistic country like Nigeria. He called for the adoption of the recommendations of the 2014 National Conference or the convening of a nonpartisan constituent assembly to develop a truly federal constitution.
“The incontrovertible fact that I would like to state is that our present 1999 constitution as amended not only lacks the legitimacy that flows from a democratically made constitution but also has proved to be unsuitable for tackling many of the serious challenges confronting our country,” he said.
The elder statesman said Nigeria has two options for getting a truly federal constitution: either adopting the recommendations of the 2014 National Confab or “going for a relatively inexpensive directly elected constituent assembly on a non-party basis for producing such a widely desired constitution.”
On his part, Pa Adebanjo called on President Bola Tinubu, who he said had been an advocate for a new constitution, to set up a committee to deliver a new constitution within three months. He argued that the National Assembly cannot oversee the process due to its origins in the flawed 1999 Constitution.
A constitutional lawyer, Prof. Mike Ozekhome (SAN), who served as the keynote address speaker, stated that the 1999 Constitution is fundamentally flawed and cannot be amended.
“One million amendments multiplied by one million amendments added to another one million amendments cannot change the constitution because it is fundamentally flawed,” he said.
He called on the National Assembly to immediately set up a National Referendum Commission (NRC) to collate existing documents like the 1963 constitution and the 2014 national conference in order to have a new constitution within the next six months.
Former Sokoto State Governor, Senator Tambuwal, suggested that the National Assembly could promulgate a law to begin the process of a new constitution, similar to the doctrine of necessity used during the health challenges of the late President Umar Musa Yar’Adua.
“We can as well resolve to another doctrine of necessity to come up with the legislation to enable us to commence the process of having a new constitution,” he said.
Former governors James Ibori, Kayode Fayemi, and Obong Victor Attah emphasized the need to secure the support of the sitting president for a new constitution, with Ibori appealing to Governor Babajide Sanwo-Olu of Lagos State to facilitate a meeting with the president.
The leaders stressed that the call for a new constitution is not about dismemberment of the country but a correction of the anomalies of the Federal Republic of Nigeria, which they argue is not truly federal.
Speaking, Governor Sanwo-Olu pledged his support for the agitation for a truly federal constitution in Nigeria, emphasizing the need to devolve power to the federating units. He cited the anomaly of a federal agency controlling the waterways in Lagos as an example of the need for constitutional reform.
He emphasized that, as a leader, his responsibility is to ensure sustainable development for the people, regardless of the existing constitution’s shortcomings.
The governor urged for a genuine commitment to the constitutional reform process, noting that some officials who once championed state rights often shift their allegiance upon ascending to federal positions, hindering progress towards true federalism.
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