DO WE NEED A CONSTITUTIONAL REVIEW? SINCE NATIONS ARE NOT AUTOMATED, BUT BUILT?

The current 1999 Constitution of Nigeria has been a subject of intense debate since its adoptThe current 1999 Constitution of Nigeria has been a subject of intense debate since its adoption. While it has helped stabilize democratic governance after years of military rule, there are widespread arguments that it falls short in addressing key challenges facing the country. "Nations are not automated, they are created" resonates with the idea that constitutions must evolve in response to changing societal needs and contexts. Let’s evaluate whether the 1999 Constitution is helping Nigeria and why many argue that a constitutional review or complete overhaul is necessary.

1. Major Criticisms of the 1999 Constitution

Several significant issues with the current constitution suggest it may not fully serve Nigeria's needs:

a. Origin and Legitimacy

- The 1999 Constitution was largely imposed by the military without wide-ranging consultations or a popular mandate. It was drafted during the final days of General Abdulsalami Abubakar's military regime, meaning it reflects the priorities and structure of military rule.

- Critics argue that it does not reflect the collective will of the Nigerian people. For many, the constitution's military origins create a disconnect between the governed and the framework under which they are governed.

b. Over-centralization of Power (False Federalism)

- One of the most persistent criticisms is that Nigeria’s federal structure, as outlined in the constitution, is excessively centralized, giving too much power to the federal government at the expense of the states.

- Revenue allocation is controlled centrally, meaning states depend heavily on federal allocations, which limits their autonomy and economic viability. This arrangement fuels tensions, especially in resource-rich areas like the Niger Delta, where people feel disenfranchised by not having control over their resources.

- The call for “true federalism” or restructuring seeks a devolution of powers that would allow states to control their resources, manage policing, and handle key sectors such as education and healthcare more effectively.

c. State Policing and Security

- Nigeria's constitution places policing and security under the exclusive control of the federal government, which has proven inadequate in addressing the country’s rising security challenges.

- Insurgency, banditry, kidnapping, and communal violence have surged in many parts of the country, while the centrally controlled police force is often overstretched, under-resourced, and sometimes alien to local issues.

- Many have called for the creation of state police forces that would be better equipped to handle localized security concerns and improve law enforcement.

d. Imbalance in Power and Representation

- Nigeria’s federal structure is often seen as imbalanced in terms of representation. Some regions, particularly the North, are seen to have disproportionate influence over national politics and decision-making.

- The population-based system of representation in the National Assembly is also contentious. Some regions claim that inaccurate census data and gerrymandering give certain areas undue political weight.

e. Weak Protections for Human Rights and Minority Groups

- Although the 1999 Constitution includes provisions for fundamental human rights, its enforcement mechanisms are weak. Many groups, including women, youth, and ethnic minorities, feel underrepresented and marginalized.

- Gender equality is also a major issue, with laws that do not adequately protect women’s rights, particularly in areas of inheritance, marriage, and access to political participation.

f. Judicial and Electoral Reforms

- The judiciary is frequently criticized for being slow, underfunded, and sometimes compromised by political interference. Legal cases, particularly related to elections and human rights, often drag on for years, and many times judgments are compromised.

- Electoral reforms are necessary to address issues of vote buying, rigging, and manipulation. Despite reforms through the Electoral Act, election-related disputes remain a significant problem, undermining the credibility of Nigeria's democracy.

g. Resource Control and Economic Challenges

- Resource control has been a major source of friction, especially in the oil-producing Niger Delta region. The 1999 Constitution grants the federal government control over all natural resources, which has led to grievances in regions that feel exploited and marginalized.

- Calls for more economic autonomy for states—so they can develop industries, exploit resources, and manage revenues—are a central part of the demand for constitutional review.ion. While it has helped stabilize democratic governance after years of military rule, there are widespread arguments that it falls short in addressing key challenges facing the country. Your statement that "nations are not automated, they are created" resonates with the idea that constitutions must evolve in response to changing societal needs and contexts. Let’s evaluate whether the 1999 Constitution is helping Nigeria and why many argue that a constitutional review or complete overhaul is necessary.

1. Major Criticisms of the 1999 Constitution

Several significant issues with the current constitution suggest it may not fully serve Nigeria's needs:

a. Origin and Legitimacy

- The 1999 Constitution was largely imposed by the military without wide-ranging consultations or a popular mandate. It was drafted during the final days of General Abdulsalami Abubakar's military regime, meaning it reflects the priorities and structure of military rule.

- Critics argue that it does not reflect the collective will of the Nigerian people. For many, the constitution's military origins create a disconnect between the governed and the framework under which they are governed.

b. Over-centralization of Power (False Federalism)

- One of the most persistent criticisms is that Nigeria’s federal structure, as outlined in the constitution, is excessively centralized, giving too much power to the federal government at the expense of the states.

- Revenue allocation is controlled centrally, meaning states depend heavily on federal allocations, which limits their autonomy and economic viability. This arrangement fuels tensions, especially in resource-rich areas like the Niger Delta, where people feel disenfranchised by not having control over their resources.

- The call for “true federalism” or restructuring seeks a devolution of powers that would allow states to control their resources, manage policing, and handle key sectors such as education and healthcare more effectively.

c. State Policing and Security

- Nigeria's constitution places policing and security under the exclusive control of the federal government, which has proven inadequate in addressing the country’s rising security challenges.

- Insurgency, banditry, kidnapping, and communal violence have surged in many parts of the country, while the centrally controlled police force is often overstretched, under-resourced, and sometimes alien to local issues.

- Many have called for the creation of state police forces that would be better equipped to handle localized security concerns and improve law enforcement.

d. Imbalance in Power and Representation

- Nigeria’s federal structure is often seen as imbalanced in terms of representation. Some regions, particularly the North, are seen to have disproportionate influence over national politics and decision-making.

- The population-based system of representation in the National Assembly is also contentious. Some regions claim that inaccurate census data and gerrymandering give certain areas undue political weight.

e. Weak Protections for Human Rights and Minority Groups

- Although the 1999 Constitution includes provisions for fundamental human rights, its enforcement mechanisms are weak. Many groups, including women, youth, and ethnic minorities, feel underrepresented and marginalized.

- Gender equality is also a major issue, with laws that do not adequately protect women’s rights, particularly in areas of inheritance, marriage, and access to political participation.

f. Judicial and Electoral Reforms

- The judiciary is frequently criticized for being slow, underfunded, and sometimes compromised by political interference. Legal cases, particularly related to elections and human rights, often drag on for years, and many times judgments are compromised.

- Electoral reforms are necessary to address issues of vote buying, rigging, and manipulation. Despite reforms through the Electoral Act, election-related disputes remain a significant problem, undermining the credibility of Nigeria's democracy.

g. Resource Control and Economic Challenges

- Resource control has been a major source of friction, especially in the oil-producing Niger Delta region. The 1999 Constitution grants the federal government control over all natural resources, which has led to grievances in regions that feel exploited and marginalized.

- Calls for more economic autonomy for states—so they can develop industries, exploit resources, and manage revenues—are a central part of the demand for constitutional review.

2. Arguments for Constitutional Review

Many believe that the 1999 Constitution is not fit for purpose in modern Nigeria. Key reasons why a constitutional review or even a completely new constitution is necessary include:

a. Reflecting Popular Will

- A constitutional review or the drafting of a new constitution would give Nigerians the opportunity to define their governance framework, making the constitution more legitimate.

- Involving civil society, community groups, ethnic minorities, and political representatives in the process can foster national unity by ensuring that all voices are heard.

b. Addressing Federalism and Restructuring

- Many believe that restructuring Nigeria’s federal system is key to addressing the inefficiencies of over-centralization. The current system of concentrating power and resources at the center has created dependency, inefficiency, and regional tensions.

- States need greater autonomy, not only to manage their own resources but also to develop their economies, education systems, and security apparatus.

c. Security and State Policing

- The failure of centralized policing to address growing insecurity underscores the need for state or regional police. State policing would empower local governments to respond to the unique security challenges of their regions.

d. Electoral and Judicial Reforms

- There is a strong call for reforms that would make the judicial system faster and more independent. Speedier resolution of disputes and protection against executive interference in judicial processes are critical for rule of law and democracy.

- Electoral reforms are also essential to strengthen democracy by ensuring free, fair, and credible elections.

e. Inclusive Representation and Power Sharing

- A review would allow for a more equitable system of representation, ensuring that no region or ethnic group dominates governance to the detriment of others.

- The constitution must address marginalization of minority groups, improving laws and frameworks to guarantee fair treatment, especially in political representation and access to resources.

f. Strengthening Human Rights

- A new or revised constitution could expand protections for human rights, ensuring stronger frameworks for women, children, and marginalized groups. More robust gender equality provisions could ensure better representation and participation of women in governance.

3. Arguments Against Constitutional Review

Some people argue against an immediate review or overhaul, citing:

- Instability: They argue that changing the constitution frequently could lead to instability, particularly in a diverse country like Nigeria, where ethnic and political tensions are already high.

- Focus on Implementation: Others believe that the problem lies not in the constitution itself, but in its poor implementation. They argue that Nigeria already has provisions for human rights, governance, and federalism, but that corruption and weak institutions prevent their full realization.

Conclusion: Does Nigeria Need a Constitutional Review?

Given the persistent issues of over-centralization, insecurity, representation, economic disparity, and human rights abuses, many argue that Nigeria urgently needs a constitutional review. While the 1999 Constitution provided a foundation for democratic governance after military rule, it has failed to address some of the country’s core challenges.

A constitutional review or the drafting of a new, people-oriented constitution would allow Nigerians to correct the flaws inherited from the past and create a governance framework that better reflects the country’s current realities and aspirations. Nations are built, nations are created —not automated—and thus, Nigeria’s future depends on its ability to adapt and evolve its foundational laws to meet the needs of its people.