Nigeria, often dubbed the “Giant of Africa”, is a country with a rich tapestry of cultures, languages, and histories. However, its political history has been marked by a series of constitutional experiments that reflect the challenges of governing such a diverse nation. Since gaining independence from British colonial rule in 1960, Nigeria has had several constitutions, each designed to address the unique challenges of the time. Today, the quest for a new constitution in Nigeria remains a pressing issue, driven by the need to create a more inclusive, just, and effective governance structure.
Overview of Nigeria’s constitutional journey
Nigeria’s first constitution as an independent country, the 1960 Independence Constitution, laid the foundation for the country’s legal and political framework. This was followed by the 1963 Republican Constitution, which marked Nigeria’s transition to a republic. However, the 1966 military coup led to the suspension of this constitution, ushering in a period of military rule that would dominate Nigerian politics for the next three decades.
The 1979 Constitution, introduced by the military regime of General Olusegun Obasanjo, was a significant attempt to return Nigeria to civilian rule. This constitution established the presidential system of government, modelled after the United States, and sought to address issues of federalism and ethnic diversity. However, the return to military rule at the end of 1983 and subsequent political instability highlighted the limitations of the 1979 Constitution.
The 1999 Constitution, which is currently in force, was also introduced by the military. It marked Nigeria’s return to civilian rule after years of dictatorship. While the 1999 Constitution has provided a framework for democratic governance, it has been criticized for being a product of military imposition, lacking the input of the Nigerian people.
The call for a new constitution
The quest for a new constitution in Nigeria is driven by widespread dissatisfaction with the 1999 Constitution. Critics argue that the constitution is flawed, containing provisions that entrench power in the hands of the federal government at the expense of state and local governments. This centralization of power has been a source of tension, particularly in a country as diverse as Nigeria, where different regions and ethnic groups have distinct political, economic, and social interests.
One of the most contentious issues is the question of federalism. Many Nigerians believe that the current constitution does not adequately address the need for a true federal system that allows for greater autonomy and resource control by the states. This has led to calls for “restructuring” the country to reflect its diversity and ensure more equitable distribution of resources.
Additionally, the 1999 Constitution has been criticized for its provisions on citizenship and indigeneity, which have fuelled ethnic and religious tensions. The distinction between “indigenes” (original inhabitants) and “settlers” (those who have moved from other parts of the country) has led to discrimination and violence in many parts of Nigeria. A new constitution, many argue, should address these issues by promoting inclusivity and equal rights for all Nigerians, regardless of their ethnic or religious background.
It is in the light of the quest for a new constitution that national leaders of thought under the umbrella of The Patriots, led by former Secretary-General of the Commonwealth of Nations, Chief Emeka Anyaoku, recently gave more insight on their recent visit to President Bola Tinubu.
The group said the growing incidents of terrorism, banditry, cattle rustling, separatist agitations and kidnappings are symptoms of a long-standing political distrust and lack of national cohesion which cannot allow economic policies or reforms yield any positive results.
General secretary of The Patriots, Olawale Okunniyi, who was secretary to the delegation that met with Tinubu, said it was on this basis that the group advised the president to immediately promote a national dialogue for a Nigerian democratic people’s constitution that will take inputs from the 1960 and 1963 constitutions as well as recommendations of all previous constitutional conferences of Nigeria.
The group had earlier made this call when they visited President Bola Tinubu at the State House, Abuja to weigh in on the worrisome state of Nigeria foisted by growing instability.
In a statement signed by Okunniyi, the group said, “While briefing the press after the meeting with the President, which was attended by the Vice President, Secretary to the Federal Government, Chief of Staff to the President, National Security Adviser and Minister for Information, the leader of the delegation, Chief Anyaoku, the Chairman of the Patriots, stated that the interaction with the President was essentially focused on the need to find a system of governance that would enable the country to tackle more effectively the serious challenges facing it, the challenges of insecurity, underperforming economy stoking massive poverty and hunger, dilapidated infrastructures of health and education services and rising threat to the unity of the country.”
However, reacting to The Patriots’ visit to President Tinubu and the call for a new constitution, a founding member of the Arewa Consultative Forum, Tanko Yakasai, said Nigeria’s constitution is not the problem, but those operating it.
Yakasai, in a statement, said that without a change of mindset and conduct of the country’s leaders, even the most perfectly crafted constitution will fail to deliver the progress and stability.
The statement reads, “I have observed with deep concern the recent visit by some members of The Patriots to the president, Bola Ahmed Tinubu, where they canvassed for a new constitution for our beloved country, Nigeria.
“As a founding member of this esteemed group and an elder statesman committed to the well-being of our nation, I must express my reservations about both the process and the content of the submission made during this visit.
“First, it is regrettable that due process was not followed in articulating the views that were presented to the president. A matter of such national importance requires thorough consultation, inclusive deliberation and the consensus of all founding members.
“The exclusion of key voices, particularly in a group like The Patriots, undermines the credibility and unity of our mission. It is essential that our decisions and representations are rooted in collective wisdom and not rushed or unilateral actions.
“Second, I align with the views expressed by President Olusegun Obasanjo that the core problem facing Nigeria is not necessarily the constitution or the tenure of office. The crux of our challenges lies in the attitude and character of those who operate the constitution,” he said.
He urged President Tinubu to exercise caution and consult widely on the demand by The Patriots.
Efforts towards constitutional reforms
Over the years, there have been several attempts to amend the 1999 Constitution. Various national conferences and constitutional review committees have been convened to address its shortcomings. For instance, the 2014 National Conference, convened by then-President Goodluck Jonathan, made several recommendations for constitutional amendments, including the creation of new states, resource control, and power devolution. However, many of these recommendations have yet to be implemented.
The immediate past administration of President Muhammadu Buhari also made efforts to amend the constitution. In 2020, the National Assembly embarked on a new round of constitutional review, soliciting input from various stakeholders, including civil society organizations, political parties, and the general public. This process reignited the debate over issues such as state police, electoral reform, and the devolution of powers.
Challenges and prospects
The quest for a new constitution in Nigeria faces several challenges. One of the primary obstacles is the political will of the ruling elite. Many politicians benefit from the status quo and may resist changes that could dilute their power or disrupt existing power structures. Additionally, the process of drafting and adopting a new constitution is complex and requires broad consensus among Nigeria’s diverse ethnic, religious, and political groups.
Another challenge is the fear of instability. Some Nigerians worry that the process of adopting a new constitution could lead to political instability or even violence, particularly in a country with a history of military coups and civil conflict. There is also the challenge of ensuring that any new constitution reflects the will of the people and not just the interests of a select few.
Despite these challenges, the quest for a new constitution in Nigeria remains a critical issue. Many Nigerians believe that a new constitution is necessary to address the country’s deep-seated problems and lay the foundation for a more just and prosperous future. The success of this quest will depend on the ability of Nigerians to come together, transcend their differences, and build a constitution that truly reflects the aspirations of the people.
Conclusion
The quest for a new constitution in Nigeria is a reflection of the country’s ongoing struggle to create a governance structure that is inclusive, just, and effective. While the journey is fraught with challenges, it also presents an opportunity for Nigerians to address the flaws of the past and build a more equitable and democratic future. As the debate continues, it is clear that the call for a new constitution will remain a central issue in Nigeria’s political discourse for years to come.
