Why Nigeria Needs A People’s Constitution, Not A Military Decree
CONSTITUTIONAL debates are often ignored in Nigeria until ordinary citizens feel the consequences of a system that does not work in their favour. Yet the truth is unavoidable: the 1999 Constitution is a deeply flawed document, born not of the people’s will but of military fiat, and it continues to serve the interests of a narrow elite rather than the wider Nigerian population.
A Constitution Without the People
The 1999 Constitution was not crafted through consultation, debate, or referendum. It was simply enacted as Decree 24 of 1999 by General Abdulsalami Abubakar. In a supposed democracy, this is an absurdity. The document was imposed on Nigerians without their consent, making it a fragile foundation for nationhood.
Worse, the Constitution entrenched the legacy of both colonial and military governments. It centralized political and economic power in ways that stifle states and communities, while shielding the military from accountability for decades of authoritarian rule. By barring judicial review of military policies from 1966 to 1999, it closed the door to truth, justice, and redress for years of repression.
Unaccountable Government, Weak Citizens
The 1999 Constitution grants immense powers to government but denies citizens the tools to enforce accountability. Fundamental rights are listed, yet the judiciary is barred from questioning whether government actions comply with constitutional duties such as providing education, healthcare, or equal opportunities. This disconnect has left Nigerians powerless in holding leaders to their obligations.
It also establishes a near police state by giving the executive unchecked control over armed forces and policing, with little to no legislative oversight. National Assembly (NASS) can pass laws, but it has no supervisory role over military conduct. This imbalance weakens democratic checks and strengthens executive dominance.
Meanwhile, ordinary citizens are limited to voting once every four years. The Constitution offers no space for direct democracy — no provisions for referendums, participatory town halls, or binding community consultations. Citizens are reduced to passive spectators in the political process.
Elitism by Design
The Constitution also entrenches elite privilege. Bodies like the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) determine salaries and allowances of top officials without public input, transparency, or accountability. Most Nigerians do not even know who sits on these commissions, yet their decisions affect how public funds are allocated.
Even when amendments are made, they are often self-serving. NASS and state Houses of Assembly retain the sole power to amend the Constitution, allowing politicians to tweak the system in their favour while excluding citizens from meaningful participation.
What Must Be Done
The solution is not minor adjustments but a complete rethinking of constitutional design. The path forward should include:
-
Amending the 1999 Constitution to create provisions for referendums and a national constitutional conference.
-
Designing a participatory process where constitutional deliberations extend beyond Abuja into every hamlet, town, and city — ensuring voices from all regions and communities are heard.
-
Drafting a new Constitution that balances strong governance with strong accountability, protects fundamental rights, and reflects Nigeria’s ethnic and religious diversity under the umbrella of equality.
-
Ensuring judicial oversight to safeguard democratic principles and prevent future authoritarian excesses.
-
Embedding flexibility for future reforms through clear and inclusive amendment procedures.
Such a Constitution would not be static; it would be a living document, responsive to Nigeria’s evolving realities.
Awakening a Movement
How can this change happen? Through awareness. Nigerians must first understand that the problem is not just bad leaders or corrupt elections, but the very system itself. Just as colonialism only ended when people recognized it as the central problem, so too will constitutional reform only happen when Nigerians collectively see the flaws of the current order.
Awareness leads to organisation, agitation, and finally change. Social movements do not begin in Abuja; they begin in conversations, churches, mosques, market stalls, campuses, and community meetings. Nigerians must talk about the failures of the Constitution, teach others, write, blog, sing, and organize until a critical mass of citizens demand a new framework.
Conclusion
Nigeria’s problems are structural, not incidental. Until we replace the 1999 Constitution with one truly made by and for the people, we will remain trapped in a cycle where leaders exploit a broken system for their own gain.
The task before us is clear: educate, organise, demand, and ultimately reconstitute Nigeria. The Constitution must not remain a relic of military decree; it must become the collective will of the Nigerian people.
— By Ayo Sogunro
