ABUJA (Atlantic Post) — Legal luminary Olisa Agbakoba, SAN, has stirred up controversy in Nigeria’s constitutional discourse with a daring but controversial proposal that some claim amounts to “prescribing another fraud to cure the fraud of 1999.” Agbakoba’s suggestions have drawn praise and condemnation, and the national debate over how to rectify Nigeria’s constitutional shortcomings has taken front stage.
Agbakoba proposes that the National Assembly be directed to certain areas of the contentious 1999 Constitution in order to modify it and create a “Peoples’ Constitution.” Critics counter that this action just serves to highlight the 1999 Constitution’s inherent dishonesty, having been imposed by the military before the nation returned to civilian control.
The main issue is that democratic ideals, which maintain that the people own sovereignty, are allegedly not being followed in the apparent lack of engagement with the Nigerian people and their sovereignty. Many people view this method as deviating from international best practices in democracies, where constitution-making procedures frequently entail significant public input and participation.
The continued response from the Nigerian Indigenous Nationalities Alliance for Self-Determination (NINAS) further muddies Nigeria’s constitutional dilemma. Without holding back, NINAS calls Agbakoba’s proposal “plain hogwash” and has launched a formal reaction, which will include a press conference on the third anniversary of the Constitutional Force Majeure (CFM) that was declared on December 16, 2020.
The military-imposed Nigerian constitution serves as a backdrop for much of the story. Since the 1999 Constitution was imposed rather than resulting from popular consent, it is in direct opposition to democratic values. This historical background emphasises the necessity of a thorough analysis comparing Nigeria’s constitution-making procedures to international democratic norms.
The legitimacy of the constitution is a major issue as the country struggles with this constitutional conundrum. Opponents contend that imposing a constitution without the active consent of the populace raises serious questions about its representativeness and commitment to democratic norms. The ongoing discussion sparked by Agbakoba’s proposal makes Nigeria’s quest for a constitution that accurately captures the desires and ambitions of its heterogeneous populace much more difficult.
