1999 Constitution less representative of people's will

The House of Representatives has commenced a national public hearing on constitutional amendment proposals that could fundamentally reshape the country’s political, security, and governance structures.

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Deputy Speaker Benjamin Kalu, who chairs the House Committee on Constitution Review, declared that the exercise is “Nigeria’s most inclusive constitutional review in history,” stressing that its outcome must reflect the voices of citizens rather than the preferences of the political elite.

In his opening remarks at the public hearing on Monday, Mr Kalu emphasised that the legitimacy of the new amendments will depend on their acceptance by Nigerians themselves.

He described the current stage of the process as “the culmination of months of public consultations across the six geopolitical zones,” during which citizens, civil society groups, traditional leaders, security agencies, and professional bodies submitted memoranda and testimonies.

Mr Kalu traced Nigeria’s constitutional evolution from the 1922 Clifford’s Constitution to the present 1999 Constitution, arguing that every era has reflected the anxieties and aspirations of the time.

He noted, however, that the 1999 Constitution, drafted by the military, has remained contested for being less representative of Nigeria’s democratic will.

He said, “These aspirations, these anxieties, and these unresolved questions, the challenges of the 21st century demand a Constitution that is not an answer for the past, but a dynamic view that brings into the future.

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“This is the sole mandate of the House of Representatives Committee in Constitutional Review.”

For the amendments to take effect, they must secure two-thirds majority support in both chambers of the National Assembly and approval from at least 24 state Houses of Assembly.

Mr Kalu cautioned that while the public hearing represents the “final stage of citizen engagement,” the bills still face “rigorous scrutiny, harmonisation with the Senate, and pruning by state assemblies.”

He urged Nigerians not to disengage after the hearings but to remain vigilant and hold lawmakers accountable until the reforms are passed:

Speaker of the House of Representatives, Abbas Tajudeen, described the hearing as “a significant moment in Nigeria’s democratic journey,” noting that the review results from deliberate, nationwide engagement designed to “ensure that arterial chromosomes shape the evolution of our supreme law.”

Mr Tajudeen praised Mr Kalu’s leadership in conducting zonal consultations that gathered the “hopes, concerns, and insights of Nigerians from every background.”

He stressed that this hearing unites those diverse voices into a single national conversation.

He highlighted the need for timeliness and closure, warning that constitutional reform often loses momentum when it drags on:

“Reform delayed is reform denied. Nigerians deserve clarity and closure. After the National Assembly votes on these bills, the State Houses of Assembly must also consider and approve them under Section 9 of the Constitution.

“We have set clear timelines to transmit the proposals promptly to state legislatures so that conformance can be secured within this legislative session,” he said.

Mr Tajudeen also welcomed the strong presence of women at the hearing, reaffirming his support for the reserved seats bill and related proposals to guarantee women’s inclusion in parliament and ministerial appointments.

He further endorsed the amendment to recognise the role of traditional rulers in peacebuilding and community security, describing it as a pragmatic way of integrating cultural realities into modern governance without undermining republican principles.

Tinubu and Akpabio signal support

President Bola Tinubu, represented by Secretary to the Government of the Federation George Akume, commended the House for opening the process to citizens, stressing that the constitution is a “living document” that must evolve with Nigeria’s realities.

Mr Tinubu linked the review to his “Renewed Hope Agenda,” describing it as an opportunity to strengthen institutions, deepen federalism, and entrench inclusivity.

Senate President Godswill Akpabio, represented by Deputy Whip Peter Nwebonyi, also underscored the historical importance of the exercise. He reminded participants that the 1999 Constitution was “handed down by the military” and has since been amended five times, but still lacks ownership by Nigerians.

“The constitution is not for the parliament, the courts, or the executive. It is for the people,” Mr Akpabio said, urging Nigerians to seize the opportunity to “ventilate their feelings” toward a truly people-driven constitution.

The bills

While the review contains 87 amendment bills, three areas stand out as defining battles that could alter the structure of Nigerian governance if passed.

1. State and community policing
One of the boldest proposals seeks to effectively create state and community police forces. This move follows calls that Nigeria’s centralised policing system has failed to address insecurity, leaving communities vulnerable to insurgency, banditry, and kidnappings.

The state police debate has been one of Nigeria’s longest-running constitutional controversies. Several past attempts to create it during the Obasanjo, Jonathan, and Buhari administrations were defeated by fears of abuse by governors and political actors. This current effort, however, comes against the backdrop of unprecedented security crises that many say demand localised solutions.

2. Reserved seats for women and persons with disabilities
Another landmark amendment proposes constitutionally guaranteed reserved seats for women and persons with disabilities in the National Assembly and State Houses of Assembly. Nigeria remains one of the most underrepresented countries globally regarding women in politics, currently below six per cent in legislative bodies.

Mr Kalu described the bill as “a transformative step” toward correcting systemic exclusion, ensuring that governance reflects the perspectives of all citizens. The reserved seats proposal has faced stiff opposition in the past, but campaigners argue it is the only way to achieve meaningful gender balance.

3. Local government autonomy
The third major front is the push for full financial and administrative independence for local governments.

The amendment seeks to enhance the autonomy of the local governments by providing a structured system of executive and legislative arms of the local governments, as well as an independent electoral body for conducting elections to local government offices, and full financial autonomy for local governments.

Broader reform

The 87 amendment bills are grouped into key reform themes that touch virtually every sector of Nigerian life:

Electoral Reforms: Proposals include collectively aiming to address the conducting of all general elections in a single day, decamping as a ground for impeachment, independent candidature, establishment of a local government elections commission, prevention of invalidation of elections on grounds of deficiencies in a deputy’s qualifications, appointment of chairman of the Independent National Electoral Commission by the National Judicial Council, prevention of a dual position of party executive and elective office, among others.

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Judicial Reforms: The proposed amendments include, to designate the Court of Appeal as the final appellate body for some election petitions, to create Local Government Election Tribunals, removal of the Chief Justice of Nigeria and Chief Judges of the States from the Federal and States Judicial Service Commissions respectively, enabling concurrent jurisdiction between the Federal High Court and state High Courts in adjudicating electoral offences, increase the number of Justices of the Federal High Court, Supreme Court and Court of Appeal, and empowering judges to conclude part-heard criminal cases after elevation to higher courts.

Devolution of Powers: The bills are aimed at transferring water management to State governments, transferring control of natural resources in a state to be jointly between the Federal and State Government, transferring mines and minerals to State governments, which will remit 25 per cent of such revenue to the Federal Government.

Strengthening Institutions: Proposals include mandating publication of Auditor-General’s reports, setting a compulsory 10-year cycle for national census, enforcing budget presentation timelines, and removing transitional law-making powers from the Executive.

Traditional Institutions: This is a single bill seeking to formally recognise and assign advisory and governance roles to traditional rulers, particularly in security and community development.

Human Rights: Proposals include banning the public parading of crime suspects, domesticating international human rights treaties without further legislation, and replacing death sentences for pregnant women with life imprisonment.

Citizenship and Indigeneship: Bills propose granting citizenship to foreign spouses of Nigerian women (currently, only Nigerian men enjoy this provision), introducing “citizenship by investment,” and granting indigene status to those resident in a state for at least 10 years.