Wole Olanipekun Urges National Assembly to Halt 1999 Constitution Amendments, Calls for New People-Driven Charter

Former President of the Nigerian Bar Association (NBA), Chief Wole Olanipekun (SAN), has called on the National Assembly to suspend further amendments to the 1999 Constitution, describing it as a relic of military rule that no longer reflects the aspirations of Nigerians. He argued that Nigeria requires a fresh, homegrown constitution derived from genuine public participation, which would embody the nation’s collective will and diverse realities.

Olanipekun made this declaration while delivering the 13th Convocation Lecture of Afe Babalola University, Ado Ekiti (ABUAD), on Monday. His lecture, titled “Nigeria Yesterday, Today and Tomorrow: Imperative of a Sober and Definitive Recalibration”, focused on the need for a structural and ideological overhaul of Nigeria’s governance framework.

According to the respected legal luminary, the continuous amendment of the 1999 Constitution amounts to an exercise in futility, as the document, imposed under military supervision, lacks legitimacy and moral foundation. He asserted that the country requires “a negotiated document” that would usher in a new social order built on inclusivity and fairness.

“The National Assembly should, for the time being, stay action on the ongoing amendment or any further amendment to the 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,” Olanipekun declared.

He described the 1999 Constitution as a “military albatross”, explaining that its origin under General Abdulsalami Abubakar’s regime has prevented Nigeria from evolving a truly democratic charter. He noted that since 1999, he had been among the leading voices advocating for a people-oriented constitution that emerges through public consultations and a national referendum.

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A Call for a Transitional Phase and National Referendum

Olanipekun proposed a transitional period between now and 2031, during which the country would review and harmonize previous constitutional reform efforts. These would include reports from past national conferences and restructuring committees to form the foundation for a truly consensual constitutional document.

He suggested that elections should continue during this period, but that the understanding must be clear—that by May 29, 2031, Nigeria would transition into a new era governed by a new constitution and structure. “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,” he stated.

Olanipekun also emphasized the importance of a national referendum, which he described as “a solemn act by which a people collectively speak in unison to decide matters of grave national importance.” He pointed out that referendums are not alien to Nigeria’s political experience and that sovereignty, as recognized in Section 14(2)(a) of the existing Constitution, resides in the people. Therefore, Nigerians have an inalienable right to determine how they wish to be governed.

The Senior Advocate proposed that the federating units—rather than the National Assembly—should be responsible for organizing the referendum to determine the nation’s future political structure. “The referendum, rather than the National Assembly, will decide whether or not Nigeria needs a National Assembly and, if yes, whether full-time or part-time; their tenure, remuneration, and other related matters,” he said.

He argued that it would be unjust for the National Assembly to preside over such a process since it would amount to “being a judge in its own case.” According to him, the federating units should take charge of determining the referendum’s structure, method, and parameters.

Restructuring Nigeria’s Federal System

Olanipekun expressed concern about the imbalance in Nigeria’s federal structure, asserting that the states have lost their constitutional autonomy to the central government. He criticized the continuous clamor for state creation, saying it further weakens the federating units while strengthening the federal center. “It is not the more the merrier, but the more states are created, the more weakened the so-called federating units become, and the more imperious the center,” he said.

He called for a reconfiguration that would allow states to regain authority over their traditional and constitutional domains, emphasizing that only a restructured federation can guarantee stability in governance, security, and development. “It is now time for the federating units to take charge of the configuration, repair, and re-engineering of Nigeria for stability in all forms, including security, constitutional architecture, and governance,” he added.

Political Ideology and Party Loyalty

The renowned legal scholar also lamented the erosion of ideology in Nigeria’s political landscape and the rampant defection of politicians from one party to another. He warned that such political opportunism could lead to instability and weaken the foundation of democracy. “To calibrate our democratic system, a note of caution should be sounded against the wave of cross-carpeting from one political party to the other. Sooner or later, it will inflict implosion and explosion on their host political parties,” he warned.

Olanipekun stressed that political party membership should be guided by fidelity to shared principles, philosophies, and manifestos, as seen in mature democracies. He urged Nigerian politicians to emulate President Bola Tinubu, whom he commended for his consistency and loyalty to one political movement despite facing opposition challenges.

“Aside from him (Tinubu) and a few tiny minority, most politicians in Nigeria have, since 1999, been migrating and shifting grounds along political parties. Even as a sole opposition governor, he (Tinubu) challenged and withstood the onslaught of the then ruling Peoples Democratic Party and has since remained within the phylum of what is styled ‘the progressives’ in Nigeria,” Olanipekun noted.

Nation-Building and the Need for Reflection

The former NBA president emphasized that Nigeria must move beyond mere rhetoric and symbolism to build true citizenship rooted in patriotism and shared national values. “Nigeria must stop parading people and strive to produce citizens,” he said, adding that the reintroduction of the old national anthem by President Tinubu was a symbolic gesture toward unity and reflection.

He called for deliberate and sober steps toward national reconciliation, insisting that Nigeria’s diversity should be seen as a source of strength rather than division. “To reconcile the differences in tribe and tongue, we have to be deliberate, sober, and reflective, and take steps that will lead to a recalibration of our country,” he stated.

In his closing remarks, Aare Afe Babalola (SAN), the Chancellor of ABUAD, commended Olanipekun for delivering a “well-researched and intellectually grounded lecture.” Babalola said the presentation was consistent with his own advocacy for Nigeria to adopt a new constitution as the foundation for sustainable development and national progress.

Both legal icons agreed that a new, negotiated, people-centered constitution remains the most viable path toward restoring faith in Nigeria’s democracy and ensuring long-term national stability.