Nigeria is at a constitutional logjam that lies can’t fix

That Nigeria is at a Constitutional Logjam was made most apparent on 18 March 2024 during the Patriots’ Lagos Colloquium On The Constitutional Future Of Nigeria, then repeated in their Communiqué released on 24 March 2024 (Link to it HERE: https://theeagleonline.com.ng/1999-constitution-lacks-legitimacy-needs-replacement-the-patriots/  )

This Colloquium and national dialogue led by Chief Emeka Anyaoku, (former Commonwealth Secretary-General) had been massively advertised and people attended in person and virtually (via Zoom). “Participants at the well attended national dialogue included Elder Statesmen, Governor of Lagos State, HE Babajide Sanwo-Olu, former Governors, serving and ex-Senators, Former Ministers, Traditional Rulers, Constitutional Lawyers, a number of Delegates to previous Constitutional Confabs of Nigeria, Leaders of thought, scholars, other members of the Nigerian public and the organisers.”

It is in their Resolution number 1 that we see that Nigeria is in Constitutional Logjam. It states:

1. The national dialogue concluded that: the prevailing 1999 Constitution and its brand of presidential system fosters politics of alienation and increasing appetite for state capture amongst the ruling elite to the exclusion of a large section of Nigerian citizens; leading to disenchantment across the country, while also asserting that the constitution, by its flawed origin, lacks legitimacy, which it cannot acquire from any number of amendments. (Emphasis mine).

Given the highly unstable condition of the country, and given this statement above, Nigerians have a serious business of thinking to do, then decision-making. Examining this statement, particularly the section in bold letters we see in there why there is a Constitutional Logjam. It tells us that:

1. The Constitution (of 1999) has a flawed origin. That means it was not obtained the proper way that a Document to be used as a Constitution ought to have been. Conclusion is that despite being called “1999 Constitution” it is not one, and is therefore not fit for purpose as a Constitution ie as a Union Agreement.

2. The Constitution (of 1999) lacks legitimacy. That means it is fake. It means that Nigerians owe that 1999 Constitution no allegiance and no respect. In fact, the 1999 Constitution is a fraud and a known forgery, not made or agreed by constituent Ethnic Nations.

3. The Constitution (of 1999) cannot acquire legitimacy from any number of amendments. This means that despite ALL the “amendments” since this 1999 Constitution was imposed it can never ever be a legitimate Constitution. That also means that the latest ongoing “amendment” is also yet another waste of time and money.

Putting all three points together we have a Document labelled “1999 Constitution” that was not obtained in the proper way, that is a fake Constitution, and that can never be made a true and legitimate Constitution by any number of amendments. SURELY even a young child can realise from these points that the Document called 1999 Constitution cannot be used as any kind of Constitution. Thus, it is dead, because a normal, properly obtained Constitution is described as a “living document” whose propositions can be applied, and that can also be amended, but not so the 1999 Constitution. When something is dead, it means it does not exist. It therefore means that Nigeria has NO

CONSTITUTION.

Let us also note well that the 1999 Constitution is the UNION AGREEMENT that brings together all the indigenous Ethnic Nations with their lands into the Union called Nigeria. Since the 1999 Constitution is dead, meaning there is right now no Constitution, and thus no Union Agreement, therefore there is also NO UNION. We have over 350 or so Ethnic Nations but NO Constitution to bring them into a Union. So logically, Nigeria cannot go further as a Union of Ethnic Nations since it has no Union Agreement. Now, some people want the dissolution of Nigeria and for there to instead be independent Successor Countries. Others want Nigeria to be a country as one unit. However, given that there is no Union, Nigeria is at Constitutional Logjam. There is an impasse. This situation can be corrected, but not by lies, deceits, and frauds. If the political class decides to be dishonest, then dissolution of Nigeria is guaranteed as No Union is the Default position because there is no Union Agreement (Constitution). If the political class decides to be honest then the NINAS Proposition is on the Table. The NINAS Proposition is an ORDERLY PROCESS with NO POWER VACUUM for governance structures would remain in place during a time-bound period of Transitioning where there would be dialogue and Constitutional Renegotiation, and the outcome could be a fresh Union as either a Federation or Confederation, or if no agreement is reached, then independent Successor Countries.

To conclude, if there is to be a future Nigeria Union, then honesty must prevail (therefore dishonesty must be done away with). That means that the recommendation by the said Colloquium of using the 2014 Confab Report and the 1963 Constitution are to be abandoned. So too any proposal based on the dead 1999 Constitution, whether it be the ongoing “amendments” or any Parliamentary System, or anything done as “Restructuring” – these are all to be abandoned. They are all intellectually dishonest proposals because they all deceive that there is already a Nigeria Union to work with.

Another truth that must be applied is that Sovereignty belongs to the constituent (indigenous) Ethnic Nations. As the late lawyer Chief Bola Ige had said, there are two questions that have to be answered. Firstly, do the constituent indigenous peoples of Nigeria who having Sovereignty, want to remain in one country? And if yes, then how? The delay tactic and further dishonesty of trying to reinvent the wheel when the Five-Point NINAS Proposition has been available since Declaration of Constitutional Force Majeure on 16 December 2020, and is a Proposition known by members of the political class including several of the organisers and participants of the Colloquium, makes them responsible for their actions, and would only deepen any consequences to them when the Nigerian masses learn who is the source of the miseries inflicted upon them.

Ndidi Uwechue is a British citizen with Igbo heritage from the Lower Niger Bloc. She is a retired Metropolitan (London) Police Officer, she is a signatory to the Constitutional Force Majeure, and she writes from Abuja.