Olanipekun Urges NASS to Halt Ongoing 1999 Constitution Amendment Process

A legal luminary and former president of the Nigerian Bar Association (NBA), Wole Olanipekun has advised the National Assembly to stop further action on the amendment of the 1999 constitution and prepare the nation for a new acceptable constitution.

Olanipekun who traced the foundation of the 1999 and other constitutions in the country, noted that the country would find it difficult to achieve greatness and development unless there is a new generally acceptable document for the country.

To achieve this, he appealed to the federal lawmakers to suspend the ongoing process for amendment of the constitution and set the country for a transition after the 2027 general election, where they will be a referendum for a new document in 2031.

In making a strong case for the conduct of a national referendum, he described it as “a solemn act by which people collectively speak in unison to decide matters of grave national importance.”

He argued that sovereignty, as enshrined in Section 14(2)(a) of the existing1999 Constitution, resides in the people, who therefore have an inalienable right to determine how they wish to be governed.

Olanipekun made these known on Monday while delivering the convocation lecture for the 13th convocation ceremonies of the Afe Babalola University Ado-Ekiti (ABUAD), titled ‘ Nigeria – Yesterday, Today and Tomorrow: Imperative of a Sober and Definitive Recalibration’

He said the current constitution had outlived its usefulness and legitimacy, describing it as a mere document that “tells lies against itself” and has failed to represent the core ideals, diversity and aspirations of Nigeria’s federating units.

“The National Assembly should, for the time being, stay action on the ongoing amendment or any further amendment to 1999 Constitution. This Constitution needs a new rebranding, a complete overhaul, a substitution altogether. It has to be a negotiated document that will pave the way for a new social order.

“Needless restating the obvious that Nigeria, as day, needs to be rebranded, re-orientated, restructured, revamped renegotiated, reorganized, reawakened, re-eng bered, resuscitated and, by extension, recalibrated. One cannot make omelets without breaking eggs; one cannot play Hamlet without the Prince of Denmark and one cannot stage an orchestra without fixing the crescendo.

“What is the relevance of the foregoing? Right from the get-go, particularly. since this present Constitution was said to be in the ‘bakery’ or ‘oven’ during the General Abdusalam Abubakar regime, I had joined the vanguard of those clamoring for a people’s constitution; a constitution peculiar to the antecedents and nuances of Nigeria; a constitution that will emerge through consensus or near consensus; a constitution that will be negotiated upon during cross-fertilization of ideas; a constitution of mutual understanding and collaboration; a constitution that will be subjected to a referendum, after which most Nigerians will be able to assert that this is our Constitution.

“I must not be mistaken to be suggesting that every Nigerian must participate in the making of the Constitution, but any Nigerian who wants to must be able to do so , either through his elected representative or by airing his views,” he said.

The former president of the Body of Benchers, added that the country’s foundational challenges stem from a faulty constitutional structure that concentrates power at the centre, emasculates the states, and perpetuates inequality in all its entirety.

Olanipekun recalled that since the 1999 Constitution was midwifed under the General Abdulsalami Abubakar military and became operational, he had been part of the vanguard advocating for a people-oriented constitution that would emerge from public participation, and referendum.

He revealed that as far back as 2002, during his tenure as the NBA President, he had openly engaged former President Olusegun Obasanjo on the inadequacies of the 1999 Constitution, describing it as far removed from realities of Nigeria’s plural society.

Olanipekun recommended a transitional phase between now and 2031, to allow Nigeria to gather, review, and harmonize previous constitutional efforts including the reports of the various conferences, and committees on restructuring ahead of the drafting of a new consensual document.

He said, “During the transitional period, elections will still hold and the winners will serve their terms, but with the understanding that come May 29, 2031, Nigeria will operate under a new Constitution, a new structure, and a fresh dawn.”

The former NBA President drew parallels with international examples from the Italian referendum of 1946 that ended monarchy, to Britain’s 2016 Brexit and Equatorial Guinea’s 2025 Constitutional Referendum, which recorded over 90 percent voter approval.

According to him, referendums are not alien to Nigeria’s political evolution, recalling the 1961 plebiscite that allowed Southern Cameroons to choose between Nigeria and Cameroon, and the 1963 referendum that led to the creation of the Mid-Western Region.

“What then is the way out? Some within this audience might have been stunned by my earlier suggestion for a transitional period between now and May 29, 2031; a suggestion or recommendation that is not only made in good faith but out of the realities of the conundrum we have found ourselves.

“It is now time for the federating units to take charge of the reconfiguration, redefinition, repair, restructuring, remodeling and reengineering of Nigeria for stability in all forms, including but not limited to security, constitutional architecture, form or type of government (whether presidential or parliamentary), etc. It is the Referendum, rather than the National Assembly that will decide whether or not, Nigeria
needs a National Assembly, and if yes, whether full or part-time membership; their tenure, remunerations, et al.

“In other words, this National Assembly cannot act as that Referendum since one cannot be a judge in his own cause. It is the federating units that will make arrangements for the Referendum being suggested; how it will hold, through which means it will hold, what will be the parameters or undertakings, etc,” the legal icon said.

On the growing wave of defections into the ruling All Progressives Congress (APC) in the country, Olanipekun identified the lack of clear cut ideologies among the political parties, adding, ” If this is the position, it might be very difficult or not so easy for people from one party to migrate to the other so often with remarkable ease as we witness nowadays.”

He urged the opposition political gladiators to emulate the steadfastness and commitment of President Bola Tinubu when he was the face of the opposition since 1999 till 2015, despite the intimidation and harassment by the then PDP ruling party.

“Had President Bola Ahmed Tinubu, whether as Governor Tinubu or thereafter as ‘Citizen Tinubu’ succumbed to the harassment and intimidation of the then PDP ruling party, Nigeria would have become a one-party state as far back as 2023 or immediately thereafter. Even when he was arraigned before the Code of Conduct Tribunal on some criminal charges, he did not blink or panic, rather, he instructed his Legal Team, led by my humble self to apply for service of the Charge on his behalf, before he was formally served, since the news had already filtered to the press and public.

“Until he was discharged and acquitted, he was physically present at all the proceedings of the Tribunal. Tinubu not only withstood and survived the PDP Tsunami, he also encouraged opposition figures to come together, ultimately birthing the APC in 2013.

“May we not readily forget that the great Abraham Lincoln contested the US Presidency seven times before he finally succeeded and became one of the greatest global statesmen. All through, he did not defect from his
political party,” he said.

On security, the legal icon who reiterated the urgent need for state and community policing, criticized the over-centralized system that leaves governors as “chief security officers” without real control over police operations in their states.

Referencing the United States, Germany, Canada, and Switzerland, the elder statesman argued that decentralized policing aligns with federal principles as well as enhances the responsiveness to local security challenges.

“The idea of police is basically local or communal and cannot be central or regimented from outside the immediate community as such. The point being made is that, it is equally the inalienable right of every community to have its own rural or community police.

“Without prejudice to the earlier submission that the National Assembly should stay action on the amendment of the Constitution, state, community, provincial and zonal police formations should be established now, without further ado,” Olanipekun said.

He further advocated a reconfiguration of Nigeria’s federal structure through the geopolitical zones, which he said should be empowered to drive the country’s renaissance and recalibration.

Olanipekun noted that the six-zone arrangement, introduced under General Sani Abacha, has now gained practical expression under President Tinubu through creation of regional development commissions.

He maintained that it is the federating units, not the Federal Government, that should determine the structure and governance framework of the nation.

“It is the states that give birth to the centre, not the other way round,” he declared. Nigeria needs healing, reconciliation, and rebirth and it is through the engagement of the zones that this renaissance can begin,” he added.

Speaking, Aare Afe Babalola, SAN saluted the dexterity of the convocation lecturer for his well researched lecture he presented, adding that it has been his consistent advocacy for the country to have a new constitution which would set the stage for overall development and growth.

He lamented that the current situation of the country is troubling with the socio-economic challenges mitigating against its progress, suggesting that urgent steps must be taken for the nation to stand and compete favourably with countries of the world.

Babalola promised to send a copy of the lecture and accompanying letter to President Bola Tinubu and the two chambers of the National Assembly, ” for an urgent action because Nigeria is in crisis at the moment.”

On his part, a former Minister of Education and Pro-Chancellor of ABUAD, Professor Tunde Adeniran while lauding the depth of Olanipekun’s lecture on the way forward for the nation, called for a change of mindset by the citizens for a potential new constitution to achieve its desired results.