Anyaoku: 1999 constitution lacks legitimacy — it must be replaced through referendum

Emeka Anyaoku, former secretary-general of the Commonwealth, says the 1999 constitution lacks legitimacy and must be replaced through a national referendum.

Anyaoku spoke on Friday in Abuja at a national summit organised by The Patriots and the Nigerian Political Summit Group.

He said the constitution currently in use was imposed on the country by the military and does not reflect the Nigeria’s diverse character.

“As a background to this summit, it is important to state the following indisputable facts, recognised by all citizens—except, of course, those who choose to remain in denial,” he said.

“Nigeria is a pluralistic country. Like all successful pluralistic countries around the world, for its political stability and maximal development, its constitution must address its pluralism by being formulated by elected representatives of its diverse peoples.

“Our present 1999 constitution (as amended) is not one. It was not democratically formulated. Instead, it was imposed on the country through a decree by the military administration.

“And the governance system derived from it is not only non-inclusive but also results in the over-expenditure of the country’s resources on administration rather than on capital development. Hence, the need for a new Nigerian people’s democratic constitution.”

The elder statesman said widespread insecurity, deepening poverty, weak infrastructure, and loss of hope among the youth make constitutional change inevitable.

He added that these national challenges can be reversed if the country adopts a truly federal and democratic constitution drawn up by the people.

“Overall, the present 36 federating units are obviously incapable of generating and sustaining the pace of national development achieved in the early years of the country’s independence,” he said.

“To those who say that the fate of a country depends primarily on its leadership, I say that the constitution, from which the system of governance is derived, largely determines the character of the people who get elected or appointed to govern the country through the three arms of government.”

The former secretary-general of the Commonwealth said the summit would come up with proposals on the core features of the new constitution and how it should be actualised.

He listed key issues for review to include the choice between a presidential or parliamentary system, rotation and tenure of political leaders, and whether the legislature should be unicameral or bicameral.

Anyaoku added that a national referendum must be held to confer legitimacy on the new constitution.

“In considering the process of actualising the new constitution, I hope that there would be due emphasis on ensuring that it is formulated by representatives specifically elected for that purpose by the Nigerian people,” he said.

“And after it has formulated the new constitution, it should be submitted to the people of Nigeria in a national referendum.

“And it is the endorsement of the new constitution in a national referendum that will confer legitimacy on it, unlike the 1999 constitution, which lacks legitimacy because it was not drafted by representatives of the people, nor was it endorsed by the Nigerian people.”