…the issues, efforts, expectations of a country’s 11 torturous journey towards constitutionalism

By Ikechukwu Nnochiri

On October 1, 1960, the Union Jack was lowered and Nigeria’s green-white-green flag was raised, symbolizing its independence and sovereignty with the Commonwealth. However, with independence came the clamour for a homegrown constitution that would unhitch the new country from colonialism.
The disconcertment climaxed with a national conference that birthed the 1963 constitution.

It established Nigeria as a Republic, with a Head of State/Commander-in-Chief and an elected President, thus, alienating the British monarch from the country’s chain of command. The constitution, which was the first that was drafted by Nigerians for Nigeria, successfully replaced the Governor-General and ended the movement of appeals to the Privy Council in London. It, however, retained the parliamentary system of government that was inherited from the British.

In the beginning

The 1963 constitution was short-lived as the military, in 1966, took over the administration of the country and subsequently masterminded a series of constitutional changes. Historically, Nigeria has had a total of eleven constitutions since 1914 when the first legislation was made, which cemented the amalgamation of the Northern and Southern Protectorates. While six of the constitutions came during the colonial era, five of them were drafted after independence. The extant constitution, which established the Fourth Republic, came into effect on May 29, 1999, and it stands as the longest-serving grundnorm since the creation of Nigeria. The pre-independence constitutions were; 1914 Constitution (Unified Northern and Southern Protectorates), Clifford Constitution (1922), Richards Constitution (1946), Macpherson Constitution (1951), Lyttelton Constitution, and Independence) Constitution (1960). Post-independence constitution amendment efforts were made in 1963, 1979, 1989 (draft Constitution under the military), 1995 (draft constitution under military rule), and the 1999 Constitution. Mind you, the so-called 1999 Peoples Constitution is nothing more than Decree 24 of the Abdulsalami Abubakar military administration that handed over power to civilians on May 29th, 1999. None of the would-be operators who took oath of office that year saw, nor knew the contents of that decree before being sworn-into office.
It is a no-brainer that Nigeria’s constitutional evolution has a direct link with agitations, especially on issues that bordered on minority questions; political participation/ inclusion; national security, as well as judicial reforms.

Despite longstanding issues like calls for restructuring, power devolution, state security and increased inclusion, which have echoed throughout the decades, there is a belief that it was not until the 8th Assembly (2015-2019) that the willingness to adress grey areas in the constitution, began. The suitability of the 1999 constitution has been the subject of debates and outcries, with pundits casting doubt on its capability to deliver the nation from its weakening economic, political and social systems. Yet, the present crop of legislators at the federal and state levels appear to be acting like puppets to the executive arms at both levels.

Interest groups and ethnic nationalities contend that provisions of the 1999 Constitution have stifled their growth and development. Some opinion leaders and legal experts have gone ahead to call for the re-adoption of previously used constitutions. A major attack on the 1999 constitution is that it is a relic from the military junta, with little or no input from the people as claimed in its preamble. This has heightened the demand for a fresh, people-driven constitutional framework to drive democracy and good governance in the country. Already, the 1999 constitution has witnessed five alterations in a period that spanned from 2007- 2022.

Within administrations of former Presidents Goodluck Jonathan and Muhammadu Buhari, a total of 153 amendments were proposed to cure perceived aberrations in the 1999 constitution. The first amendment, done during the 6th Assembly, had a total of 29 alterations that included issues pertaining to the Federal Capital Territory, Judiciary, recurrent expenditure of the independent, National Electoral Commission, Jurisdiction of the Federal High Court on related matters, as well as the issue of a Vice-President or Deputy Governor taking over, albeit in Acting Capacity, in the absence of the President or Governor. Passed in 2010, it basically cured the constitutional impasse that occurred when the late former President Umar Musa Yar’Adua traveled to Saudi Arabia in November 2009 for medical treatment without a formal transfer of power to his Vice-president, Goodluck Jonathan as acting President of the Federal Republic of Nigeria. The Senate, in their wisdom, on February 9, 2010, adopted a controversial doctrine of necessity that was later validated by the first amendment.

The second amendment, also done by the 6th Assembly, had nine main alterations that included the timelines for elections as well as jurisdictions of the Appellate Courts.

While the third amendment was majorly on the establishment of the National Industrial Court under the constitution, the fourth (2015-2019), done by the 9th Assembly, saw 32 alterations that were centered on the composition of the Council of State, authorization of expenditure, devolution of power, financial autonomy of state legislatures, state creation and boundary adjustment, police, political parties and electoral matters. In the fifth amendment (2019-2022), out of the 68 alterations proposed, 46 of the bills were approved and passed by the 9th Assembly, while 11 were rejected. Issues considered included LG autonomy, fiscal independence for state legislatures and state Judiciary, authorization of expenditure, as well as devolution of powers. It also covered issues like women representation, domestication of treaties, establishment of State Security Council, timeframe for the conduct of population census, diaspora voting, traditional rulers and institutions, among others.

Latest attempt

Despite the efforts made over the years, the constitutional review process remains in motion with several critical issues hanging in the balance. Just like others before it, the present process is considering 87 prioritized constitutional amendment bills, with a December 2025 deadline for completion. Several provisions of the constitution have been penciled down for a review, especially on issues relating to federalism, state creation, governance, inclusivity and human rights.

There have been calls for the devolution of powers and the entrenchment of “true federalism.” The aim is to shift power from the federal government to state and local governments so as to address imbalances and foster development. There is demand for the transfer of certain powers from the federal list to the concurrent list in order to give more authority to the federation units. Specific areas for potential transfer include: Mines and mineral resources, management of water resources, interstate commerce and taxation, railways, as well as state access to mines. Other aspects under consideration include bills for fiscal restructuring, which will alter revenue allocation, including increasing the derivation fund for natural resources and VAT to “not less than 50%.”

Proposed amendments

Women’s Rights: Alterations are being considered to allow women to confer citizenship on their foreign spouses, a right currently limited to Nigerian men.
Citizenship by Investment: There is a proposal to grant Nigerian citizenship to foreigners that make significant investments in the country.
Establishment of State Police: Owing to the high level of insecurity in the country, proposals have been made for a constitutional review to allow states to establish their own police outfits. This has also thrown up the need to create strong oversight mechanisms to prevent abuse of power by subnational police forces.
Local Government Autonomy: Flowing from a subsisting judgement of the Supreme Court, the ongoing review seeks to entrench the independence of local governments as an effective third tier of government. This will guarantee that the LGs have direct access to their allocations, rather than relying on a joint account controlled by state governments (Third Schedule, Part I, Section 7 and Fourth Schedule). The amendment will equally guarantee the conduct of democratic elections instead of the condemned practice of Governors appointing Caretaker Committees to pilot affairs of LGAs in their states.
Electoral Reforms: Intended amendments seek to expand the autonomy of the Independent National Electoral Commission, INEC, and to equally create an Electoral Offences Commission. There is also a proposal for single-day elections which the proponents insist would enhance efficiency and fairness of all national and state elections if held on the same day. Similarly, there is push for the validation of independent candidacy to allow individuals to run for elected office without belonging to any political party.

Another remarkable proposal is the extension of the tenure of office of the president to a single six-year term which the reformers argue would reduce government spending and distractions related to re-election.

Rotation of Executive Power: The bill is pushing for the presidency to be rotated among the six geopolitical zones to ensure equitable representation and national inclusion.

Judiciary: The amendment seeks to expand the capacity of the Supreme Court by increasing the number of its Justices beyond the 21 that is currently allowed by the constitution. There is also a call for the creation of pre-election tribunals and streamlining of electoral adjudication.

Justiciability of Chapter II: There are recurring demands to make the “Fundamental Objectives and Directive Principles of State Policy” contained in Chapter II of the Constitution, justiciable. The proponents argue that rights enunciated in the chapter, among which included rights to education and quality healthcare, ought to be enforceable.

Reserved Seats for Women: Proposals are on ground to create reserved seats for women in the National and State Houses of Assembly. The aim is to address gender disparities in the polity. Likewise, there is a proposal to guarantee ministerial representation for women and reserved seats for persons with

disabilities at all levels of government.

Other areas of consideration in the ongoing constitution amendment process are bills seeking the creation of more states; proposals for a clear definition of the role of traditional institutions in governance and security, as well as the agitation for the introduction of diaspora voting.

Will these new efforts at constitutional amendments birth a more encompassing, inclusive and progressive constitution for the country? It is difficult to say because the judiciary that is saddled with the responsibility of interpreting the letters of the constitution has become ever more ambivalent in discharging that responsibility. So, even where the laws guarantee the necessary reliefs, would the interpreters engender a regime positive change where the laws would not be interpreted differently based on class, ethnic or religious bias? That has been the major issue with past documents.