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Influential Nigerians under the Patriots group, led by former Commonwealth Secretary-General Chief Emeka Anyaoku, met with President Bola Tinubu to advocate strongly for a “new legitimate people’s democratic constitution for Nigeria”.
This is not a new demand, but it gains significance at a time when Nigerians, particularly the youth, are calling for an end to poor governance amid nationwide protests, especially regarding hunger and economic hardship.
“The current constitution of Nigeria is illegitimate and cannot effectively tackle the numerous challenges facing the country,” Anyaoku stated in a declaration he made on behalf of the group during their meeting with Tinubu on August 9, 2024.
He continued: “We believe that to effectively address its challenges and achieve its potential as a politically stable democracy, Nigeria must reform its current governance system into a genuinely federal one, based on the principles acknowledged by the founding fathers who negotiated and accepted the 1960 and 1963 constitutions.”
Praising Tinubu’s history as “one of the great advocates” in the battle to restore democracy in Nigeria, Anyaoku delivered the Patriots’ demands to the President with impressive eloquence, his patriotic fervor evident in his resonant voice.
One of the demands is for the president to “submit to the National Assembly an Executive Bill that would propose two significant measures: first, the convening of a ‘National Constituent Assembly with a mandate to draft a People’s Democratic Constitution.’
“The Constituent Assembly,” he stated, “should consist of directly elected individuals on a non-partisan basis from the 36 states of Nigeria and the Federal Capital Territory (Abuja), potentially three (3) individuals from each state and one (1) from the FCT.
The Patriots further requested that the Constituent Assembly be aided by seven (7) constitutional scholars, one (1) from each of the six (6) geopolitical zones and one (1) from the FCT.
The discussions of the Constituent Assembly should consider the recommendations from the 2014 National Conference and other conventions concerning Nigeria’s constitution, and the Patriots also called for a national referendum to which the draft constitution should be submitted; if approved, the document should be signed by the president to become the “true legitimate people’s constitution of Nigeria.”
Anyaoku mentioned that in March 2024, the Patriots hosted a widely attended colloquium where it was unanimously concluded that Nigeria required a new popular democratic Constitution.
In their statement, the Patriots, described as “a non-partisan group of eminent Nigerians committed to the unity of our country and its good governance within the framework of a legitimate democratic popular constitution,” also affirmed that “Nigeria is a pluralistic nation.”
“…pluralist nations exist worldwide.
“Those that have addressed their pluralism with genuine federal constitutions have thrived,” Anyaoku remarked, citing examples like India and Canada.
Conversely, he noted that pluralist nations that failed to confront the essential issues of pluralism through federal constitutions ultimately disintegrated, referencing Yugoslavia, Czechoslovakia, and Sudan.
From 1990 to 2000, Anyaoku, now in his nineties and a globally recognized statesman, led the Commonwealth, a coalition of 54 nations worldwide with varying cultures and governance systems, ranging from some of the wealthiest to the poorest.
As the third President of the Patriots and a senior traditional ruler in his home state of Anambra, in southeastern Nigeria, the former Commonwealth Secretary-General is regarded as a seasoned peacemaker and bridge-builder, skilled in preventive diplomacy, conflict resolution, and management at local and international levels.
In 1998, during a pivotal moment for Nigeria, following the unexpected deaths of military dictator General Sani Abacha and Chief MKO Abiola—who was regarded as the rightful winner of the annulled 1993 presidential election and mysteriously died in prison—Anyaoku was prominent in mediation efforts alongside the late Ghanaian Kofi Annan, the former Secretary-General of the United Nations.
Their intervention, along with other well-meaning individuals in Nigeria and abroad, facilitated the return of democracy to the nation in 1999 after years of military rule.
Moreover, Anyaoku, together with Annan and former Nigerian head of state General Abdulsalami Abubakar, was instrumental in the famous Abuja peace agreement signed in January 2015 by 14 presidential candidates, including then-President Goodluck Jonathan and opposition leader Muhammadu Buhari.
The agreement, in which candidates committed to restraining their supporters and accepting the results of the March 26, 2015 election, aimed to prevent a repeat of the post-election violence in 2011 that resulted in over 800 deaths and heightened political tensions in the country. The Anyaoku-Annan initiative also led to the establishment of the National Peace Committee (NPC), headed by General Abubakar, which continues to perform a similar role in Nigerian elections.
In light of the ongoing decline of democratic principles in Nigeria, Anyaoku has consistently advocated for a new Nigerian constitution, restructuring of the nation, and decentralization of power from the central authority to constituent units.
In an interview a few months before the February/March 2023 Nigerian elections, he called on all political parties and their candidates to commit to restructuring Nigeria.
“Nigeria has never been more divided, unstable, insecure, and unprogressive than it is today, and I am old enough to recognize that,” the former statesman lamented.
Analysts and observers of Nigeria’s tumultuous political past assert that little has changed since the fiercely contested 2023 elections.
Many even believe that Nigeria’s internal crises pose significant challenges to its capacity for global leadership, given the ominous threats of disintegration within the Economic Community of West African States (ECOWAS), which Nigeria was instrumental in establishing in 1975. This situation is particularly concerning, as Nigeria’s president currently chairs the regional bloc, which includes four member states now under military rule, with three notifying ECOWAS of their intention to withdraw from the organization.
In response to the Patriots’ requests, Tinubu stated: “I am presently focused on economic reform. That is my top priority. Once that is settled, as soon as possible, I will consider other options, including the constitutional review you proposed and other alternatives.”
Nigeria is a multi-religious nation with over 300 ethnic groups and numerous languages.
Political, ethnic, and religious conflicts are prevalent in Africa’s most populous and oil-rich nation, with more than 220 million residents.
During the 10 days of anti-government protests in August, the Patriots urged the Tinubu administration to respect citizens’ rights to express their views and called on security forces to refrain from using excessive force against the demonstrators.
Beyond the counter-argument that a robust constitution does not guarantee good governance, the principal barriers to the push for a new Nigerian constitution are the attitudes and behaviors of the country’s politicians, driven by kleptomania, greed, impunity, and insensitivity.
Politicians are fixated on the next election, and in Nigeria’s four-year term, new governments and officials typically spend only the first year on governance, while campaigns for the subsequent election often commence in the second year, resulting in little to no governance for the rest of the term.
The executive and legislative branches of government (the president and the National Assembly) frequently show their reluctance to engage in discussions about a “Sovereign National Conference or Constituent Assembly,” which they perceive as a call for “power sharing.”
Chief Mike Ozekhome, a constitutional lawyer and member of the Patriots, asserted that the current 1999 Constitution of Nigeria, as amended, “is designed for a unitary system of governance,” despite the country professing a federal and American-style executive presidential system.
It is ultimately up to politicians to determine whether Nigeria will ever reach its full potential, as they remain the primary hindrance to the nation’s progress and development.
Will the Tinubu administration be an exception, or will his government manage to allocate the necessary time, resources, and energy to address the Patriots’ demands amid other equally urgent challenges, including tackling Nigeria’s dire economic situation and the accompanying citizen protests?
If Tinubu succeeds in navigating these complex challenges, he could create a legacy that secures his place in history for achieving what many have failed to accomplish.
Special correspondence of Paul Ejime
Global Business Analyst and Communications Consultant
on peace and security and governance
The Call for a New Democratic Constitution in Nigeria
Prominent Nigerians under the Patriots umbrella, led by former Commonwealth Secretary-General Chief Emeka Anyaoku, met with President Bola Tinubu to advocate for a “new legitimate people’s democratic constitution of Nigeria.” This demand arises in a critical context as citizens, especially the youth, protest against bad governance amidst economic hardship.
Legitimacy of the Current Constitution
Chief Emeka Anyaoku articulated that, “The current constitution of Nigeria is illegitimate and cannot effectively address the myriad challenges facing the country.” This statement emphasizes the crucial need for a constitution that resonates with the aspirations and realities of the Nigerian populace.
Historical Context and the Need for Restructuring
The appeal for a new constitution is not unprecedented but gains urgency in light of widespread dissatisfaction. Anyaoku insisted that Nigeria must reestablish a federal governance system akin to those envisaged by the nation’s founding figures who crafted the 1960 and 1963 constitutions. Such a transformation is essential for addressing Nigeria’s issues effectively and realizing its potential for political stability.
Key Demands from the Patriots
- National Constituent Assembly: The group proposes the establishment of a National Constituent Assembly tasked with drafting a new People’s Democratic Constitution.
- Election of Members: The assembly should consist of directly elected representatives from each of Nigeria’s 36 states and the Federal Capital Territory (Abuja).
- Involvement of Legal Experts: The Patriots advocate the inclusion of constitutional jurists from Nigeria’s six geopolitical zones to guide the drafting process.
- National Referendum: Upon completion, the draft should undergo a national referendum, with the final document requiring Presidential assent to become the “true legitimate people’s constitution of Nigeria.”
Importance of a New Constitution
Anyaoku highlighted the significance of recognizing Nigeria’s pluralism. He drew parallels with other countries, stating that “pluralist countries exist all over the world.” He cited examples like India and Canada, which have effectively managed their diversity through true federal constitutions. In contrast, he noted that countries like Yugoslavia and Sudan, which failed to address their pluralism through constitutional means, faced disintegration.
Political Climate and the Push for Change
The demand for a new constitution arises from a backdrop of political strife and civic unrest. Anyaoku noted during a colloquium organized by the Patriots in March 2024 that the consensus among participants was a pressing need for a popular democratic constitution.
Political Challenges in Nigeria
Political attitudes have stymied constitutional reform efforts. The current elite often demonstrate an aversion towards discussions surrounding a “Sovereign National Conference or Constituent Assembly,” fearing it may threaten their power.
Executive Response: President Bola Tinubu
In response to the demands presented by the Patriots, President Tinubu expressed a priority focus on economic reforms but acknowledged that constitutional review could be considered subsequently.
Consequences of Inaction
If the demand for a new constitution continues to be neglected, Nigeria may face increased instability. With the complexities inherent in its multi-religious and multi-ethnic society, a lack of appropriate political structures could exacerbate existing tensions and hinder Nigeria’s development, jeopardizing its leadership role in regional initiatives like the Economic Community of West African States (ECOWAS).
Public Sentiment and Civic Engagement
In light of public protests against governance issues, the Patriots urged the Tinubu administration to respect citizens’ rights to peaceful assembly. This aligns with growing sentiments among the populace for a government that listens and responds to their demands.
Benefits of a New Constitution
- Enhanced Governance: A legitimate constitution has the potential to encourage good governance and accountability.
- Increased Political Stability: Promoting a federal structure can alleviate tensions, fostering a more stable political environment.
- Empowerment of Citizens: A People’s Democratic Constitution ensures that the voices of ordinary Nigerians are represented in governance.
Case Studies of Successful Constitutional Reforms
| Country | Year of Reform | Key Outcome |
|---|---|---|
| South Africa | 1996 | Transition to a democratic governance structure post-apartheid. |
| Germany | 1949 | Establishment of a federal republic mending divisions post-WWII. |
| Canada | 1982 | Patriation of the constitution enhancing provincial autonomy. |
Practical Tips for Advocating Constitutional Change
- Organize Public Forums: Initiate dialogues that engage citizens in discussions about constitutional needs.
- Utilize Social Media: Raise awareness and mobilize support for constitutional reform through digital platforms.
- Collaborate with Legal Experts: Engage constitutional experts to educate the public on legal implications and processes.
- Build Coalitions: Form alliances with various civil society groups to strengthen advocacy efforts.
First-Hand Experiences with Constitutional Advocacy
Chief Emeka Anyaoku and other members of the Patriots have shared personal accounts of navigating Nigeria’s intricate political landscape. Their experiences underscore the challenges and triumphs faced in advocating for sustained democratic governance.
