Should Nigeria discard the 1999 Constitution?

If the 1999 Constitution of the Federal Republic of Nigeria is to be a wife in a polygamous marriage, it would have rebelled and bite the husband in frustration. 1999 Constitution has been scandalised for being not just an “unwanted wife” but also a source of misfortune. The challenges bedeviling Nigeria despite being largely man-made […]

If the 1999 Constitution of the Federal Republic of Nigeria is to be a wife in a polygamous marriage, it would have rebelled and bite the husband in frustration. 1999 Constitution has been scandalised for being not just an “unwanted wife” but also a source of misfortune.

The challenges bedeviling Nigeria despite being largely man-made have been totally blamed on the 1999 Constitution and chief of these blames seems to be its illegitimacy.

The United States of America will remain the biggest inspiration to republicanism and democracy globally, being the inventor of refined democracy and the oldest. America’s Constitution, which particularly inspired Nigeria’s presidential system of government, sourced its legitimacy from 55 delegates in 1787. It must also be stated that only 39 actually signed the Constitution after rancour and compromises. The same Constitution has gone through over 20 amendments and still evolving and scouting for perfection.

Historically, the evolution of Nigeria’s constitution, whether pre-colonial or post-colonial, experienced its most remarkable legitimacy in the 1979 Constitution, which paved the way for an indigenously crafted republican constitution through a robust Constitutional Convention chaired by reputable FRA Williams. Though, it was inspired by a military regime but its legitimacy and democratic elements cannot be trashed. The sophistication of the 1979 Constitution could not save the country from another military coup.

The 1999 Constitution was necessary to usher us into a fresh democratic dispensation despite similar constitutional drafts prepared during military dispensations of Ibrahim Babangida and Sani Abacha.

It is believed that the military regime of Abdulsalami Abubakar encouraged the speedy drafting of the 1999 Constitution to fast track transition into 1999 democratic administration.

The 1999 constitution sourced its legitimacy and built on the foundation of the 1979 constitution, which cannot be tagged illegitimate.  Why then should we rubbish the legitimacy of the 1999 Constitution? Such qualification of illegitimacy is jurisprudentially wrong and best described as an emotional statement.

It will be unintelligent of anyone to rate the 1999 Constitution as perfect but it will be ignorant for anyone to categorise it as illegitimate considering political philosophies and thoughts on jurisprudence cited above. Laws are products of political, social and economic evolution hence, how  the1999 constitution can be best remodeled should be the focus now.

It must also be emphasised that despite the importance of national conferences/confabs or any other national dialogue, the resolutions emerging from them cannot be enforced on a legitimately constituted National and State Assemblies.

If the legitimacy of the National Assembly is nullified, like some people have suggested on the basis that it is functioning on the basis of an illegitimate constitution, then we will have a state in vacuum or non-existent.

It will, therefore, be illogical and anarchical to call for an abolition of an existing constitution without dispassionate, rational and practical alternatives.

 

 Mujib Dada-Qadri is a lawyer and policy analyst.