Emeka Anyaoku: 1999 constitution lacks legitimacy | 2014 confab report should be adopted

Emeka Anyaoku, former Commonwealth secretary-general, says the 1999 constitution as amended, lacks the legitimacy of Nigerians.

Anyaoku spoke on Monday during a national constitutional dialogue in honour of Ben Nwabueze, pioneer secretary-general of Ohanaeze Ndigbo.

The dialogue took place at the Nigerian Institute of International Affairs (NIIA), Victoria Island, Lagos.

Nwabueze died on October 28, 2023 at the age of 92 in Anambra state.

The dialogue titled: ‘Lawful Procedures For Actualising A People’s Constitution for Nigeria’, was organised by The Patriots, a pan-Nigerian group of eminent national leaders of thoughts.

The dialogue was attended by many political stakeholders, including Ayo Adebanjo, leader of Afenifere; Mike Ozekhome, a lawyer; Olabode George, a chieftain of the Peoples Democratic Party (PDP); and Babajide Sanwo-Olu, governor of Lagos.

Former governors who attended the event are Gbenga Daniel of Ogun, Aminu Tambuwal of Sokoto, Donald Duke of Cross River, Kayode Fayemi of Ekiti, James Ibori of Delta, Gbenga Daniel of Ogun, Rotimi Amaechi of Rivers, Rauf Aregbesola of Osun, and Ibikunle Amosun of Ogun.

In his opening remarks, Anyaoku said the 1999 constitution has proved that it cannot address the country’s current challenges.

The elder statesman said the nature and contents of the constitution are not suitable for a pluralistic country like Nigeria, while stating that there is a need for a new constitution created by the people.

He added that “Nigeria is a pluralistic country that is still struggling to become a nation”.

“The second incontrovertible fact that I would like to state is that our present 1999 constitution as amended not only lacks the legitimacy that flows from a democratically made constitution,” he said.

“But also has proved to be unsuitable for tackling many of the serious challenges currently confronting our country.

“And thirdly, it is a widely recognised fact that the crucial areas of the country have significantly deteriorated and continue to deteriorate. To mention just a few of those areas; security of the citizens’ life and properties, economic wellbeing of the citizens, infrastructure including roads.

“There has been no shortage of opinions and prescriptions of the nature and content of what should be a suitable constitution for a pluralistic country.”

He added that many commentators have suggested adoption of provisions of the 1960 and 1963 constitutions, and the recommendations of the 2014 national conference for a new constitution.

“I believe that in this respect, we have only two options; either we accept the 2014 national conference as an acceptable platform, or we go for a relatively inexpensive directly elected constituent assembly on all parties basis, for producing such a widely desired constitution,” he said.

In 2014, former President Goodluck Jonathan inaugurated a 492-member committee, headed by Idris Kutigi, a retired judge.

The committee was established to deliberate on the country’s political system.

In August 2014, the committee submitted its report. However, the recommendations are yet to be implemented.