Anyaoku Declares 1999 Constitution "Imposed," Falana Slams Judiciary as Patriots' Summit Demands Change

 

A chorus of Nigeria’s elder statesmen, legal luminaries, and political figures convened in Abuja on Wednesday, delivering a searing indictment of the country's constitutional framework and political class at the opening of the National Constitutional Summit. 

The summit, organised by The Patriots, in conjunction with the Nigerian Political Summit Group, began with powerful speeches calling for a complete constitutional overhaul, with speakers citing crippling insecurity, endemic poverty, and a flawed electoral process as direct consequences of the current system.

The Chairman of The Patriots, Chief Emeka Anyaoku, set a defiant tone in his welcome address, declaring the 1999 Constitution a "military-imposed decree" unfit for a pluralistic nation. He argued that the document is the root cause of Nigeria's myriad crises.

"Our present 1999 constitution as amended... was not democratically formulated, it was instead imposed on the country through a decree by the military administration," Chief Anyaoku stated. "And the governance system derived from it is not only non-inclusive but also induces over-expenditure of the country’s resources on administration rather than on capital development. Hence the need for a new Nigerian peoples’ democratic constitution."

The former Commonwealth Secretary-General listed what he termed "incontrovertible facts" plaguing the nation, including "serious insecurity of life and property," Nigeria's status as the "poverty capital of the world," a "palpable mood of hopelessness" among youth, and an "eroding sense of national unity."

Countering the long-held argument that leadership, not the constitution, is Nigeria's primary problem, Chief Anyaoku asserted that the document itself shapes the quality of leaders. "To those who say that the fate of a country depends primarily on its leadership, I say that the constitution from which the system of governance is derived largely determines the character of the people who get elected or appointed to govern the country," he argued. 

He called for a new constitution formulated by elected representatives and validated by a national referendum. 

Falana Accuses Courts of Opposing Electronic Voting, Calls National Assembly Untrustworthy

In a fiery and pointed address, human rights lawyer and Senior Advocate of Nigeria (SAN), Chief Femi Falana, directed his criticism at both the judiciary and the legislature for frustrating electoral reforms. He accused the Supreme Court of actively undermining the use of technology designed to ensure credible elections. 

"I wish to submit without any fear of contradiction that Nigerian courts are totally opposed to the introduction of any form of electronic voting," Falana declared. 

He recounted how the Supreme Court had previously ruled the use of card readers for accreditation as illegal and, more recently, deemed the use of BVAS machines and electronic transmission of results as "optional" rather than mandatory. 

"In the case of intellectual and identity, the Supreme Court said the use of device machines and transmission of reports electronically was optional for high-legal compulsion," he lamented.

While suggesting a simple amendment to the Electoral Act of 2022 to mandate these technologies, Falana expressed profound distrust in the current National Assembly to enact such a change. "But if I say that, please don't clap," he cautioned the applauding audience. "If I say that, I may be talking to the devil."

He added, "The current set of legislators are very uncomfortable with the current electoral system that allows manipulation of accreditation of voters. And they are not willing to allow reports to be electronically transmitted so that the status quo can continue."

Falana also dismissed the National Assembly's ongoing constitutional review process as a "sham," describing their zonal public hearings as tokenistic. 

"Two days, two hours. And they expect everybody in the southwest, six stations, to travel to Lagos in spite of the poverty of our people and the security in the country," he said. 

He concluded that the current political class is too comfortable with the flawed system, stating starkly, "The only way you can throw away the 1999 constitution is through a revolution."

Operators, Not Constitution, Are the Problem - Obasanjo

In a goodwill message read at the summit, former President Chief Olusegun Obasanjo offered a contrasting perspective, arguing that the character of the political operators was a more pressing issue than the constitution itself. 

While acknowledging the document needs amendment, he insisted that even a perfect constitution could be subverted by a corrupt political class.

"Whatever the strength or weakness of a Constitution, the most important issue to my own understanding and experience are the operators of the Constitution," Obasanjo wrote. "The best Constitution can be perverted and distorted by the operators and we have experienced that all over Africa, Nigeria not exempted."

The former president delivered a sharp critique of the nation's leadership over the past 15 years. 

"No matter what you do to Nigerian Constitution, if the operators of the Nigerian Constitution for the past one decade and a half remain unchanged and continue in the same manner, the welfare and well-being of Nigerians will continue to be sacrificed on the altar of selfishness, self-centeredness, corruption, impunity, and total disregard of the Constitution, decency, morality, integrity and honesty."

A Call for Constructive Collaboration - Senator Gbenga Daniel

In his opening remarks, Senator Otunba Gbenga Daniel, Co-Chairman of the summit's organising committee, framed the event as a "citizen-driven constitutional intervention" aimed at building consensus rather than confrontation. He stressed that the gathering was an opportunity to build a functional nation for all.

"Today, we come together not merely as individuals representing various institutions, ethnic groups, or political parties, but as proud citizens united by a common and noble aspiration: to forge a Nigeria that truly works for all its people," Senator Daniel said.

He outlined an ambitious agenda for the summit, including discussions on federal structure, resource control, and electoral reform. He assured attendees that the summit's resolutions would be meticulously documented and presented to the Presidency and the National Assembly.

"Our intention is not to foster confrontation but to promote constructive collaboration and mutual understanding," he explained. "It is imperative that we persuade our leaders—through reasoned argument, consensus-building, and compelling evidence—that Nigeria is in dire need of a new constitutional framework that reflects the aspirations and realities of all its citizens." He also thanked President Bola Ahmed Tinubu GCFR for "providing an enabling environment for the summit to hold."

As the two-day summit continues, the impassioned calls from its opening session have set the stage for intense deliberations on the fundamental law that governs the Nigerian state, highlighting a deep-seated frustration with the status quo and a powerful demand for transformative change.