1999 onstitutional: Obasanjo, Anyaoku, Attah differ at Abuja summit

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Prominent Nigerian statesmen, including former President Olusegun Obasanjo, former Commonwealth Secretary-General Chief Emeka Anyaoku, rights activist Femi Falana (SAN), and ex-Akwa Ibom Governor Obong Victor Attah, sharply disagreed on Wednesday over the relevance of Nigeria’s 1999 Constitution and the way forward for the country’s democratic future.

The debate took place at the National Summit on the Future of Nigeria’s Constitutional Democracy, a high-level gathering organised by The Patriots and the Nigeria Political Summit Group in Abuja. The three-day summit, which drew notable voices from politics, civil society, and academia, is aimed at addressing Nigeria’s lingering governance failures and debating whether the country needs a new constitution or better leaders to make the existing one work.

While some argued that Nigeria’s woes stem from a fundamentally flawed constitutional structure imposed by the military, others insisted that the country’s political elite—not the constitution—are to blame for its persistent underdevelopment, insecurity, and democratic backsliding.

Obasanjo: Constitution is flawed, but bad leadership is the real problem

Former President Obasanjo, represented by Olawale Okunniyi, Secretary-General of The Patriots, argued that although the 1999 Constitution is far from perfect, it is ultimately the quality of leadership that has sabotaged Nigeria’s democracy.

“I agree the constitution needs amendments, but that’s not our main problem,” Obasanjo said. “The biggest issue is the self-serving, corrupt leadership we’ve had across the board.”

He warned that even a perfect constitution would fail in the hands of dishonest political actors.

“For the past 15 years, the constitution has been manipulated, ignored, and abused. We’ve had impunity, lawlessness, and a lack of moral compass. What matters now is the quality and sincerity of those in power,” he added.

Falana: Only a revolution can bury the 1999 Constitution

Taking a more radical stance, senior advocate and human rights lawyer, Femi Falana, described the 1999 Constitution as an illegitimate product of military dictatorship that cannot be salvaged through mere amendments.

“This is not a people’s constitution. It was imposed in 1999 without public debate or consent,” Falana declared. “What Nigeria needs is not another round of legislative tweaks. What we need is a democratic revolution to reclaim power for the people.”

Falana accused the National Assembly of frustrating meaningful reforms, particularly electoral reforms that could enhance transparency. He cited judicial decisions that have rendered the use of modern voting technologies like the Bimodal Voter Accreditation System (BVAS) ineffective, thus undermining the credibility of elections.

He also criticised public hearings on constitutional amendments as “elitist and disconnected,” insisting that real constitutional change must emerge from the grassroots.

Victor Attah: The 1999 Constitution is a fraud, return to true federalism

Former Governor Victor Attah described the current constitution as a “fraudulent decree” crafted by the military without the participation or consent of Nigerians. He argued that the constitution’s centralist structure contradicts the federal arrangement agreed upon at Nigeria’s founding.

“This constitution does not reflect the will of the Nigerian people. It was designed to concentrate power in Abuja while rendering the states weak and dependent,” Attah said.

He called for the dismantling of Nigeria’s unitary presidential system in favour of a restructured federation that allows regions to control their resources, determine their development priorities, and elect their own ministers and administrators.

“A unicameral legislature, elected executive members, and strict accountability measures must be part of the new arrangement,” he proposed. “Sovereignty must be returned to the people.”

Anyaoku: Nigeria can’t survive with imposed constitution

Delivering the summit’s keynote address, Chief Emeka Anyaoku stated that Nigeria’s size and ethnic diversity demand a genuinely federal constitution crafted through a transparent, participatory process.

“We need a constitution produced by elected representatives of the people, not one handed down by the military,” Anyaoku said. “The 1999 Constitution is not inclusive and cannot support genuine national unity.”

He warned that Nigeria’s excessive public spending and weak development outcomes are tied to the structure of governance dictated by the constitution.

“To move forward, we must adopt a new federal constitution that decentralises power, reduces overhead, and ensures equitable governance,” Anyaoku added.

Regional groups lend support to new constitutional order

The summit also featured contributions from key regional organisations, including the Pan Niger Delta Forum (PANDEF), Afenifere, and Ohanaeze Ndigbo, all of whom supported calls for the adoption of a new constitution rooted in federal principles.

Speaking for PANDEF, Ambassador Godknows Igali said the Niger Delta has long borne the brunt of a skewed constitutional arrangement that deprives oil-producing states of control over their resources.

“A constitution that allows a central government to seize local resources while offering little in return is unjust and unsustainable,” Igali said. “We must return to the negotiated federalism of the First Republic.”

Leaders of Afenifere and Ohanaeze Ndigbo echoed these concerns, warning that Nigeria’s survival depends on building a federation where no group feels marginalised or powerless.

A historic moment for constitutional reckoning

Although the participants differed on the solution—whether immediate replacement of the 1999 Constitution or a focus on leadership reform—there was widespread agreement that Nigeria’s democratic project is at a critical crossroads.

The summit called for the urgent establishment of a non-partisan constitutional drafting committee or constituent assembly to produce a new, inclusive constitution that would be subjected to a national referendum.

As discussions continue, many see the summit as a potential turning point in Nigeria’s democratic journey, reigniting public debate on restructuring, leadership, and the foundational legitimacy of the current political system.

The summit continues until Friday, with more voices expected to weigh in on key issues such as fiscal federalism, electoral reform, judicial independence, and national unity.

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