The renewed call for constitutional reform in Nigeria has once again been brought into the national conversation following President Bola Tinubu’s remarks at the opening of a public hearing on the review of the 1999 Constitution in Abuja. The president, in his speech, underscored his administration’s commitment to reforms that would strengthen Nigeria’s democratic institutions and described the exercise as a golden opportunity to entrench good governance, inclusivity, and sustainable development. In his words, the Constitution is the supreme law of the land, not static but a living document that must continually respond to the realities, aspirations, and challenges of the people.
While these words resonate with the ideals of democracy, history has shown that amending Nigeria’s military-imposed constitution has yielded little progress in tackling the most fundamental problems bedevilling the nation. From insecurity to economic stagnation, from food insecurity to the collapse of infrastructure, from a failing health and education system to unemployment and the irregular payment of wages, Nigeria’s troubles seem to persist in spite of decades of piecemeal amendments. The argument therefore remains that what Nigeria truly needs is not yet another round of amendments but a brand new constitution that will reflect the collective aspirations of all her citizens.
Since independence in 1960, Nigeria has experimented with several constitutions, each promising to steer the country closer to true federalism, unity, and development. The 1960 Independence Constitution and the 1963 Republican Constitution attempted to balance the interests of the regions with that of the federal government, but they were soon overshadowed by military coups and subsequent interventions. The 1979 Constitution introduced a presidential system modelled after the United States, seeking to create stability after years of military rule. Yet, that experiment lasted only four years before another coup disrupted the democratic order. The 1999 Constitution, which currently guides Nigeria, was drafted under the shadow of the military, hurriedly put together and imposed on the people without genuine consultation. It declared “We the people” even though the people themselves were neither consulted nor given a referendum to endorse it. Since then, successive governments and legislatures have repeatedly amended sections of the 1999 Constitution, often at great expense and effort, yet the problems of governance remain largely unaddressed.
At the core of Nigeria’s challenges lies the issue of insecurity of lives and property. From insurgency in the Northeast to banditry and kidnappings in the Northwest, from secessionist agitations in the Southeast to farmer-herder conflicts in the Middle Belt, the state appears incapable of protecting its citizens. Alongside insecurity is the grim reality of food scarcity as agricultural production is disrupted by conflicts and poor investment in the sector. Infrastructure across the nation, whether it is roads, rail, or power supply, is grossly inadequate or dilapidated, undermining economic growth. The healthcare system is in shambles, underfunded and overstretched, with doctors and nurses emigrating in droves. Education faces declining standards, with millions of out-of-school children and universities crippled by strikes. Unemployment, especially among the youth, continues to soar, with the country unable to create jobs for the millions of graduates and school leavers entering the labour market each year. Even those fortunate to be employed often suffer from irregular or unpaid salaries, leading to despair and disillusionment. These are the lived realities of Nigerians, realities that mere constitutional amendments have failed to address in over two decades of the Fourth Republic.
The truth is that the 1999 Constitution was never designed for the people. It was a framework constructed to protect the interests of the military elite transitioning into civilian politics. Its centralized structure ensured that real power, whether political, economic, or security-related, remained concentrated in Abuja. This centralization is the very antithesis of democracy, as it creates a system where authority flows from the top rather than from the people. The result has been a federal system that is federal in name but unitary in practice, with state governments rendered weak and dependent, and local governments largely redundant. Decongesting power from Abuja is therefore essential if Nigeria is to evolve into a truly democratic and federal system.
What Nigeria requires is a brand new constitution that is not crafted by the military or a self-serving political class but by a representative body of Nigerians. This body must reflect the diversity and plurality of the nation. A 65-member constitutional conference can be convened, consisting of one constitutional lawyer from each of the 36 states and the Federal Capital Territory, one priest and one imam from each of the six geopolitical zones to capture moral and ethical perspectives, two representatives of the labour unions to reflect the concerns of workers, and eight representatives from the armed forces and security agencies including the army, navy, air force, police, immigration, customs, civil defence, and the federal road safety commission. To ensure the inclusion of traditional and cultural values, six traditional rulers, one from each geopolitical zone, should also be part of this body. Such a composition would bring together legal expertise, spiritual guidance, labour consciousness, security perspectives, and traditional wisdom, ensuring that the constitution to be drafted speaks to the aspirations of every Nigerian and protects the rights of minorities often neglected in national discourse.
This new constitution must seek to decentralize powers in such a way that economic and security control is devolved to the states. Only then can Nigeria move away from the overbearing control of Abuja that mirrors military governance. In designing this new constitution, Nigeria can learn from other federal systems. The United States, for example, operates a system where the states are virtually autonomous in such key areas as law, finance, education, health, and citizens’ welfare, while still functioning as part of a union. Similarly, the United Kingdom offers a model of devolved governance, where England, Scotland, Wales, and Northern Ireland maintain autonomy in many areas while coexisting under a central government in London. Both models demonstrate that decentralization and autonomy do not weaken a nation but rather strengthen it by giving its constituent parts a sense of ownership and responsibility.
Beyond restructuring power, the new constitution must address the institutions that underpin democracy. The Independent National Electoral Commission (INEC) must be thoroughly reformed to guarantee transparency, independence, and competence. Elections in Nigeria have often been marred by irregularities, violence, and disputes, eroding public confidence in the democratic process. Without credible elections, the very foundation of democracy is compromised. Likewise, the judiciary, often described as the last hope of the common man, requires deep reform. It must be independent, efficient, and incorruptible, capable of delivering justice without fear or favour. A strong judiciary will not only protect citizens’ rights but also serve as a check on the excesses of the executive and legislative arms of government.
It is also important to recognize that Nigeria’s journey toward true nationhood has always been complicated by the contradictions of its constitutional history. Each constitution, from independence to date, has attempted to strike a balance among the diverse peoples of Nigeria but has often fallen short. The absence of a genuinely people-driven constitution has meant that the social contract between the government and the governed has never been fully established. Attaining true nationhood, where no man is oppressed and where every citizen feels a sense of belonging, has therefore remained a herculean task. This is why President Tinubu’s acknowledgment that the Constitution is a living document resonates deeply. But while he envisions an amendment process, the reality is that only a fresh start, a brand new constitution, can provide the golden opportunity he describes to entrench good governance, inclusivity, and sustainable development.
A new constitution should enshrine the principles of equity, justice, and accountability. It should guarantee the protection of minorities and the vulnerable. It should clearly define the responsibilities of each tier of government and provide mechanisms to ensure that these responsibilities are carried out. It should empower citizens to hold their leaders accountable and provide avenues for civic participation in governance. It should also protect Nigeria’s resources from exploitation by ensuring that states have control over their local resources while they contribute fairly to the centre. Such a constitution would not only promote economic development but also reduce the tensions and conflicts that arise from the current resource control arrangements.
The road to such a constitution will not be easy. It will require political will, national consensus, and sacrifice from all stakeholders. The entrenched interests that benefit from the current system will resist change. But history shows that nations that have risen to greatness are those that embraced fundamental reforms when their survival and progress depended on it. Nigeria today stands at such crossroads. Continuing with amendments to a flawed constitution is akin to patching a leaking roof when what is needed is a complete overhaul.
The choice before Nigeria is clear. To continue amending the 1999 Constitution is to perpetuate a system that has failed to deliver on the promises of democracy. To draft and adopt a brand new constitution, however, is to seize the moment to redefine the social contract, restructure governance, and set the nation on the path to true nationhood, justice, and development. This is the golden opportunity that must not be wasted. If Nigeria is to attain true nationhood where no man is oppressed, if it is to provide security, prosperity, and justice for all its citizens, then it must be courageous enough to abandon the path of half measures and embrace the bold step of drafting a brand new constitution. Anything less would only prolong the agony of a people yearning for a nation that truly works for them.
Chief Sir Asinugo, PhD., M.A., KSC writes from the UK
