Senior Advocate of Nigeria (SAN) Mike Ozekhome has renewed calls for a complete overhaul of Nigeria’s 1999 Constitution, describing the current document as “illegitimate” and incapable of addressing the country’s complex political, legal, and structural challenges.
Speaking during an interview with Arise News, Ozekhome argued that repeated amendments to the existing constitution have failed to resolve key governance issues and that only a brand-new constitution — drafted by the people through a participatory process — can provide the legal and institutional foundation required to stabilize the country.
According to the constitutional lawyer, the 1999 Constitution, which was promulgated by a military decree, lacks the legitimacy and inclusiveness required to reflect the will of the Nigerian people.
“The 1999 Constitution is not a people’s constitution. It is a document handed down by the military. It starts with a falsehood — ‘We the people.’ The Nigerian people never gathered anywhere to agree to this document,” Ozekhome said.
He further explained that Nigeria’s structural imbalance, insecurity, weak federalism, and lack of fiscal autonomy cannot be effectively addressed under the current legal framework, which centralizes power in the federal government and limits the independence of sub-national units.
Ozekhome also dismissed calls for piecemeal amendments, noting that successive governments have engaged in constitutional reviews without addressing the root deficiencies in the founding document.
“You cannot continue to build a structure on a faulty foundation. You need to dismantle it and rebuild entirely,” he stated.
Legal analysts have long debated the effectiveness of constitutional amendments as a solution to Nigeria’s governance issues. While over five amendments have been carried out since 1999, core issues such as state police, resource control, regional autonomy, and restructuring remain unresolved.
Ozekhome’s comments come at a time when national discourse on constitutional reform is intensifying, with growing calls from civil society, legal experts, and regional stakeholders for a more inclusive and federalist system.
Proponents of a new constitution argue that the process should be initiated through a sovereign national conference or constitutional assembly, with input from a broad spectrum of Nigerians across ethnic, religious, and regional lines.
Despite widespread advocacy, the Federal Government has not indicated any formal plan to commence the drafting of a new constitution. Political resistance, legislative hurdles, and competing priorities have continued to delay structural reforms.
As pressure mounts, Ozekhome reiterated the urgency for proactive steps, warning that continued reliance on the 1999 Constitution will only perpetuate instability and hinder long-term development.
“No nation can grow beyond the strength and legitimacy of its constitution. Nigeria must now summon the political will to draft a new, people-driven constitution,” he concluded.
Stakeholders are expected to intensify lobbying and consultations in the coming months, especially as the country prepares for the next round of constitutional review sessions in the National Assembly.
