Abdulsalami Urges Review Of Military-Era Provisions In 1999 Constitution
![Former Head of State, Gen Abdulsalami Abubakar (rtd). [PHOTO CREDIT: Official Twitter handle of the Vice President | https://twitter.com/officialSKSM/status/1782450694487744677/photo/3]](https://i0.wp.com/media.premiumtimesng.com/wp-content/files/2024/05/GLyJdFKXIAAIjus.jpeg?resize=1140%2C755&ssl=1)
Nigeria’s Constitutional Debate Returns to the Forefront
FORMER Head of State, General Abdulsalami Abubakar (rtd), has renewed calls for constitutional reforms, urging Nigerians and lawmakers to identify and remove military-era provisions embedded in the 1999 Constitution through established democratic procedures.
Abdulsalami made the remarks in his autobiography, Call of Duty, where he reflected on the origins of the constitution that ushered Nigeria into democratic governance in 1999 and addressed longstanding criticisms surrounding the document.
His intervention comes as the National Assembly continues another round of constitutional review aimed at addressing governance challenges, strengthening democratic institutions, and responding to evolving national realities.
Calls for Democratic Amendments
According to Abdulsalami, constitutions are living documents that must evolve alongside the societies they govern.
While acknowledging claims that certain military decrees and policies were incorporated into the 1999 Constitution, he argued that such concerns should be addressed through constitutional amendments rather than used to delegitimise the entire document.
He stressed that democratic systems are designed to accommodate reforms and that provisions considered outdated can be revised through constitutional procedures approved by elected representatives.
The former military leader maintained that no constitution is perfect and that continuous reviews remain an essential feature of mature democracies worldwide.
Controversial Provisions Under Scrutiny
Among the provisions frequently cited by critics are the Land Use Act and the constitutional recognition of the National Youth Service Corps (NYSC).
The Land Use Act, which places land administration under the authority of state governors, has long generated debate among legal scholars, investors, traditional institutions and civil society groups. Critics argue that aspects of the law complicate land ownership and economic development, while supporters maintain that it provides a framework for equitable land management.
Similarly, the NYSC scheme, established to promote national integration after the Civil War, continues to attract discussions about its relevance, structure and future role in contemporary Nigeria.
Abdulsalami, however, suggested that criticism of these provisions should be accompanied by substantive alternatives rather than broad attacks on the constitution itself.
Defending the Origins of the 1999 Constitution
A major point raised by the former Head of State concerns the recurring claim that the 1999 Constitution was solely a military creation.
He rejected that interpretation, arguing that the document drew heavily from earlier constitutional frameworks, particularly the 1979 Constitution and the draft 1995 Constitution, both of which were prepared by constitutional experts, legal scholars and political stakeholders rather than military authorities.
According to him, the military merely promulgated the constitution through decree as part of the transition programme that culminated in the return to civilian rule in May 1999.
Abdulsalami said many critics overlook the contributions of constitutional drafting committees and often simplify a far more complex constitutional history.
The Constraints of Democratic Transition
The former leader also revealed that he would have preferred a completely new constitution during the transition period but faced practical constraints.
Nigeria at the time was emerging from prolonged military rule following years of political uncertainty and the death of General Sani Abacha in 1998. The transition programme that followed was conducted within a compressed timeframe intended to restore democratic governance quickly.
According to Abdulsalami, organising a fresh constitutional conference would have required significant financial resources, logistics and time, potentially delaying the handover to civilian rule.
Faced with those realities, the government opted to adapt existing constitutional drafts rather than begin the process from scratch.
National Assembly’s Ongoing Review
The debate comes as lawmakers continue work on another constitutional amendment process.
Over the past 27 years, the National Assembly has amended the constitution multiple times, addressing issues ranging from electoral reforms and judicial administration to local government autonomy and governance structures.
The current review exercise is expected to examine additional proposals touching on devolution of powers, state policing, local government administration, fiscal federalism and electoral reforms.
Deputy Senate President Barau Jibrin, who chairs the Constitution Review Committee, has indicated that the latest review process could be completed before the end of 2026.
Balancing Stability and Reform
Political analysts note that Abdulsalami’s remarks highlight a broader challenge facing Nigeria: balancing constitutional stability with the need for continuous reforms.
While critics continue to advocate far-reaching restructuring and, in some cases, an entirely new constitution, others argue that incremental amendments remain the most practical route for strengthening democratic governance.
As constitutional debates intensify, Abdulsalami’s intervention serves as a reminder that Nigeria’s democratic framework remains a work in progress—one that requires both historical understanding and sustained civic engagement to meet the aspirations of its citizens.
