End the 1999 Constitution Amendment Process, Olanipekun Urges NASS

A Call for Constitutional Reformation and Political Renewal in Nigeria

Nigeria, a nation rich in cultural diversity and natural resources, is at a critical juncture. Legal luminary and former president of the Nigerian Bar Association (NBA), Wole Olanipekun, has called for a fundamental rethinking of the country’s constitutional framework. His insights, delivered during the convocation lecture at Afe Babalola University Ado-Ekiti (ABUAD), highlight the urgent need for a transition period leading to a national referendum on a new constitution by 2031.

Olanipekun emphasized that the current 1999 Constitution, while foundational, has become outdated and no longer reflects the aspirations of the Nigerian people. He argued that the document has failed to address the complexities of a nation composed of diverse ethnic groups, regions, and interests. “The National Assembly should, for the time being, stay action on the ongoing amendment or any further amendment to the 1999 Constitution,” he said. “This Constitution needs a new rebranding, a complete overhaul, a substitution altogether.”

The Case for a People’s Constitution

According to Olanipekun, a new constitution must emerge from a process of public participation and consensus. “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.”

He described the referendum as a “solemn act by which people collectively speak in unison to decide matters of grave national importance.” This process, he argued, would ensure that the new constitution truly represents the will of the people. “Sovereignty, as enshrined in Section 14(2)(a) of the existing 1999 Constitution, resides in the people, who therefore have an inalienable right to determine how they wish to be governed.”

A Transitional Period for Rebuilding

Olanipekun proposed a transitional phase between now and 2031, allowing for the gathering, review, and harmonization of previous constitutional efforts. During this period, elections would continue, but with the understanding that by May 29, 2031, Nigeria would operate under a new Constitution, a new structure, and a fresh dawn.

He drew parallels with international examples such as the Italian referendum of 1946, Britain’s 2016 Brexit, and Equatorial Guinea’s 2025 Constitutional Referendum. These examples underscored the potential of referendums to reshape nations and redefine governance.

Political Challenges and the Need for Unity

Olanipekun also addressed the growing wave of defections into the ruling All Progressives Congress (APC). He criticized the lack of clear ideologies among political parties, which he believes has led to easy migrations between parties. “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 to emulate the steadfastness of President Bola Tinubu, who, despite years of harassment by the then PDP ruling party, remained committed to his principles. “Had President Bola Ahmed 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.”

Security and Decentralized Policing

On the issue of security, Olanipekun reiterated the urgent need for state and community policing. He criticized the over-centralized system that leaves governors as “chief security officers” without real control over police operations in their states. “The idea of police is basically local or communal and cannot be central or regimented from outside the immediate community as such.”

He advocated for the establishment of state, community, provincial, and zonal police formations, arguing that decentralized policing aligns with federal principles and enhances responsiveness to local security challenges.

Reconfiguring the Federal Structure

Olanipekun also called for a reconfiguration of Nigeria’s federal structure through the geopolitical zones. He noted that the six-zone arrangement, introduced under General Sani Abacha, has gained practical expression under President Tinubu through the creation of regional development commissions. “It is the states that give birth to the centre, not the other way round,” he declared.

A Call for Healing and Rebirth

In conclusion, Olanipekun emphasized the need for healing, reconciliation, and rebirth in Nigeria. “Nigeria needs healing, reconciliation, and rebirth and it is through the engagement of the zones that this renaissance can begin.”

His call for a new constitution and a more inclusive political system resonates with many Nigerians who seek a future defined by unity, equity, and shared prosperity.