- Slams military-imposed document, Calls for new people-driven constitution,
By Moses Adeniyi
LAGOS, NIGERIA — Renowned constitutional lawyer and Senior Advocate of Nigeria (SAN), Mike Ozekhome, has declared the 1999 Constitution of Nigeria an “illegitimate document” incapable of resolving the nation’s deep-rooted political, social and economic challenges.
Speaking on Arise News on Monday, the legal luminary dismissed ongoing efforts to amend the constitution as “futile,” arguing that no amount of modification can redeem a document that, in his view, is fundamentally flawed.
“The issue is not about amending the constitution. I have said again and again that you cannot amend a bad document,” Ozekhome asserted.
“A bad, illegitimate document that never proceeded from the people through a popular plebiscite or referendum can never be the product of the people. Even one million amendments cannot solve it.”
Ozekhome maintained that the 1999 Constitution lacks both moral authority and democratic legitimacy, as it was imposed on the country by the military under Decree No. 24 of 1999 by the regime of General Abdulsalami Abubakar.
He also criticised the constitution’s preamble, which begins with “We the people of Nigeria…”, as being deceptive.
“The present constitution told a lie about itself. It was not made by ‘we the people’, but by a military junta,” he stated.
A Case for Complete Constitutional Reset
According to Ozekhome, what Nigeria urgently requires is a fresh, truly democratic constitution that reflects the country’s ethnic, linguistic, cultural, and religious diversity. He likened the needed overhaul to a spiritual cleansing.
“What we need is a total beginning, a fresh beginning, like a tabula rasa… like Naaman the leper who dipped himself in the River Jordan seven times and became cleansed. That is what Nigeria needs,” he said.
The Senior Advocate expressed frustration with the current federal arrangement, which he described as a façade masking an overly centralised unitary system.
He noted that the structure has stripped states and communities of their autonomy, leaving too much power concentrated in the hands of the Federal Government.
“It operates a unitary system of government, not a federal one. It dispossesses the people of their economic, social, political, and cultural rights. It is top-heavy and characterised by wastages and leakages,” he said.
According to him, over 70–80 per cent of the national budget goes to recurrent expenditure and debt servicing, leaving only about 20–30 per cent for capital investment.
“No nation can grow like that. So, when we talk about constitutional amendment, we are chasing shadows instead of substance,” he added.
Over-bloated Government, Costly Governance
Ozekhome also criticised Nigeria’s bloated bureaucracy and legislature, questioning the need for 109 senators and 360 House of Representatives members. He noted that the Senate alone operates over 45 committees, each with its support staff and budget.
He further pointed out the excessive layers within the executive arm, citing roles such as Special Advisers, Senior Special Assistants, Special Assistants, and Personal Assistants—all under the same portfolio.
“It’s an endless layering. We have over 40 ministries. This duplication and overlap of functions is wasteful and unproductive,” he said.
The Face of 1999 Constitution Criticisms
Ozekhome’s remarks echo a long-standing sentiment among many Nigerian legal scholars, civil society groups, and regional agitators who argue that the 1999 Constitution is not truly democratic. Critics have consistently pointed out that the document was authored and enacted by the military without a proper referendum, consultation, or input from the Nigerian people.
Although the constitution has been amended multiple times — most notably in 2010 and 2018 — key structural issues such as the concentration of power at the centre, fiscal imbalance between the federal and state governments, and the lack of true federalism remain unaddressed.
Movements for constitutional reform gained momentum after the 2014 National Conference, constituted by the Goodluck Jonathan administration, which proposed a comprehensive restructuring of Nigeria’s governance system. However, the recommendations were not adopted by the succeeding Muhammadu Buhari administration.
In recent years, calls for a new constitution have been amplified by growing regional discontent, security crises, and economic hardship. Stakeholders from the South-West, South-East, and Middle Belt have repeatedly called for a renegotiation of Nigeria’s union through a new people-led constitutional process.
Ozekhome has once again thrown down the gauntlet, urging Nigerian leaders to abandon cosmetic constitutional fixes and embrace a truly transformative process — one that will produce a genuine people’s constitution reflective of Nigeria’s diverse realities.
“We must go back to the people. Let them decide the constitution they want. Only then can we begin to move forward,” he concluded.
