In the heart of Nigeria’s constitutional debate lies a fundamental question: Should we keep patching the 1999 Constitution or write a new one?
Former Minister Babatunde Fashola recently weighed in, firmly against starting afresh. In his view, no constitution is perfect, and change should come through judicial interpretation and targeted amendments. He believes Nigeria already has a federal structure—pointing to recent devolutions in electricity, rail, and prison services—and questions whether states have fully used those powers.
His caution is valid. After all, governance failure is not always the fault of the constitution.
But Fashola’s argument, while thoughtful, misses the foundational issue:
The 1999 Constitution is not a people’s document.
It was birthed through military decree, without a referendum, without consultation, and without legitimacy. It opens with the deceptive phrase “We the people…”—a falsehood that has festered in our national conscience for too long.
Legal scholars like Professor Mike Ozekhome argue forcefully that the current constitution
- Centralizes power in Abuja at the expense of state innovation and autonomy
- Erodes federalism, making states mere revenue-sharing agents
- It is so structurally flawed that even a thousand amendments cannot save it
More importantly, they propose a clear and democratic pathway forward:
- A National Referendum Commission
- Inclusion of ethnic nationalities, professional groups, and civil society
- Adoption of ideas from the 1963 Republican Constitution, the 2014 Confab, and previous amendment efforts
- And finally, ratification through popular referendum
This is not a call for revolution. It is a call for rebirth.
Critics ask, “What Nigerians want is better governance, not a new document.”
But here’s the truth: a better document can help deliver better governance. Structure shapes outcomes. And no system can thrive if its foundational blueprint is broken.
We cannot wish away insecurity, poverty, and political dysfunction while relying on a constitution that does not reflect our identity or values.
So, yes—we should amend where possible. But we must also be bold enough to start anew.
Let the people speak. Let the nation choose.
Because in the end, people who do not own their constitution cannot fully own their future.
WHAT YOU SHOULD KNOW
Nigeria faces a critical choice between amending its flawed 1999 Constitution or creating an entirely new one. While former Minister Fashola advocates for amendments, the core issue remains: the current constitution lacks legitimacy—it was imposed by military decree without public consultation or referendum, despite claiming to represent “We the people.”
Nigeria’s constitution was never truly created by or for the people, and this foundational flaw undermines the country’s democratic legitimacy and governance effectiveness.
Structural constitutional problems—excessive centralization, weakened federalism, and lack of popular ownership—cannot be fixed through piecemeal amendments alone.
