Rising Calls For Referendum As Nigerians Reject ‘Elitist’ Constitution Reform Process
By MELVIN KOFFA
A fresh wave of agitation is sweeping across Nigeria’s political and civic space as legal luminaries, civil society groups, and regional organisations intensify calls for a referendum in the ongoing constitutional reform process. Many argue that without a direct vote by the people, any new constitution will remain an elite-driven document lacking legitimacy.
The controversy reignited after Wole Olanipekun (SAN) described the absence of a referendum clause in Nigeria’s 1999 Constitution as “a grave democratic omission.” His remarks have revived debate over how successive governments—both civilian and military—have consistently resisted citizens’ participation in constitutional amendments.
Under the current framework, constitutional changes require approval by a two-thirds majority in both the National Assembly and at least two-thirds of state Houses of Assembly, leaving no room for public ratification.
Regional and Civic Pushback
Groups such as Afenifere, PANDEF, Yoruba Ronu, and the Ijaw National Congress (INC) have denounced what they describe as an elitist attempt to rehash the 1999 Constitution. They demand that a referendum clause be inserted to ensure that Nigerians, not politicians, decide their governance framework.
Civil society organisations, including the Human Rights Writers Association of Nigeria (HURIWA), also faulted the National Assembly for acting as “an appendage of the presidency” rather than an independent arm of government.
HURIWA’s National Coordinator, Emmanuel Onwubiko, accused lawmakers of lacking the political courage to enact reforms reflecting the people’s will. “Our legislature has lost its independence. They cannot deliver a truly people-oriented constitution,” he said.
Legal and Historical Context
Senior Advocate Mike Ozekhome highlighted that even under the 1960 and 1963 constitutions, constitutional evolution reflected political manipulation rather than broad public consent. He noted that Nigeria has never held a national referendum, even though “the principle of popular sovereignty demands it.”
Similarly, elder statesman Dr. Chike Obidigbo lamented that excluding a referendum clause “offends the essence of democracy.” He argued that self-determination and constitutional legitimacy cannot exist without citizen approval.
Political analyst Prof. Gbade Ojo said the elite’s reluctance to allow a referendum stems from “deep political calculations and fear of losing control.” He suggested that genuine restructuring could only come through a new constitution drafted by an elected constituent assembly, not the current legislature.
At the University of Ibadan, Prof. Rasheed Olaniyi agreed, describing the existing constitution as “a product still wearing the toga of military rule.” He urged the government to modernise the framework and free it from “outdated authoritarian influence.”
Diverging Views Among Legal Experts
However, not all legal experts share this position. Yomi Aliyu (SAN) argued that Nigeria already has a functioning constitutional system, and efforts should focus on strengthening institutions rather than drafting new documents. “We must use what we have to build what we want,” he said.
But another constitutional lawyer, Olisa Agbakoba (SAN), cautioned that even a referendum alone would not solve Nigeria’s governance crisis, insisting that political will and civic engagement are equally vital.
The Broader Implication
Analysts believe the renewed push for a referendum exposes growing frustration with elite dominance in Nigeria’s political structure. It also underscores the public’s yearning for a people-driven constitutional order that reflects diverse regional aspirations, not the dictates of the ruling class.
As the National Assembly presses ahead with its review process, Nigerians continue to ask: Who truly owns the Constitution — the people or the powerful?
