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Constitutional Review: Matters Unresolved

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Former American President, John F. Kennedy once said “A nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people.” This, on the surface, seems to have guided proponents of the on-going review of Nigeria’s 1999 constitution.

The decision of the House of Representatives to take the review to the 360 Federal Constituencies in the country has thus been viewed in various fora as the only means through which a truly representative constitution can be achieved.

To engender public confidence in the current review exercise and probably win the hearts of the advocates of national conference, President Goodluck Jonathan has continued to promise the sincerity of his administration in bequeathing a popular constitution to Nigerians.

The President’s stance is an apparent sequel to the general public disappointments that trailed similar exercises in the past. He had unequivocally stated recently at the 80th anniversary lecture in honour of former Vice President, Dr Alex Ekwueme that he has “no personal opinion on how Nigeria will be restructured, but will abide by what Nigerians want”.

However, what Nigerians want and what they are genuinely willing to accept as regards the content of the proposed reviewed constitution are dependent on several factors.  Such factors are most times guided more by personal or group interest on given issues than interest based solely on nationhood.

The concomitant effect is the ripples of opinions across the country after penultimate weekend’s Peoples’ Public Sessions on the review of the 1999 constitution in the 360 Federal Constituencies in Nigeria.

In the build up to the ongoing review, the Justice Alfa Belgore committee had recommended the removal of Sections 308 of the constitution that provides for immunity against civil or criminal proceedings against the office of the President or Governors.

It stirred widespread controversy, with the major beneficiaries under the provision, especially Governors, kicking against the move. But the opposition party, All Nigeria Peoples Party [ANPP] challenged the governors, arguing that the provision has been subject to gross abuse by public officials.

National Publicity Secretary of the ANPP, Emma Eneukwu, unequivocally declared, “Removal of immunity clause means that you are giving the people power to take some legal actions against whoever contravened the law.  When you say that some people are immune from certain things they do, it means that the law is no longer sacred.”

For former Secretary General of the Commonwealth, Chief  Emeka Anyaoku, the present system of federalism as practiced by Nigeria is a major obstacle to national development.

“My view of the country’s chances of realising its rightfully desired development and objectives would be greatly enhanced if the country adopts major restructuring of its present governance architecture”, he said.

Anyaoku premised his opinion on the belief that the country’s persistent huge recurrent expenditure which stands at 74 per cent of the budget, is to the detriment of capital expenditure.

Some notable groups and well-placed individuals have also aired their views on either the review, or its process.  Such groups include the mainstream pan-Yoruba organisation, Afenifere, as well as legal luminaries like Professor Itse Sagay, Professor Akin Oyebode and renowned philanthropist, Chief Afe Babalola (SAN) and constitutional lawyer, Professor Ben Nwabueze (SAN), all of them have strong reservations on the ongoing process.

They expressed the belief that there is no alternative to the convening of a national Conference, where representatives of the about 400 ethnic groups in the country can agree on the terms of their co-existence as a federation.

For instance, Chief Babalola said, “I believe that Nigerians should have the ultimate say as to whether a Sovereign National Conference is necessary or not. It is only by the means of a referendum that a proper determination can be made as to whether proponents of the idea are in the majority.”

A former military governor of the defunct North Western State, Usman Faruk, on his part, urged legislators from the northern part of the country to challenge the issue of offshore and onshore dichotomy.

Faruk stated this in Gombe during the joint public hearing organised by legislators from the six Federal Constituencies in the state on the review of the 1999 constitution..

Faruk, as the chairman of the Gombe State Central Working Committee set up by the state government on the review of the constitution noted that the issue of offshore and onshore dichotomy was not mentioned in the 43-questionnaire template.

He underscored the need to talk about the issue, challenging the legislators to table the issue during their session as the people’s representatives.

“In the entire world, no country is doing that; if we agree, it will be more dangerous for us and the coming generation, more than the security threat we are facing now.”

“For the betterment of our country and future generation, something needs to be done or we become slaves in our dear country,’’ he said.

One region that had been at the fore-front of the constitution review since its inception is the Niger Delta. In the view of the region, as presented by Oronto Douglas in one of such numerous calls to review the 1999 constitution, the Niger Delta observed that the 1999 constitution as amended “is insensitive, fraudulent and antagonistic to the aspirations of the Niger Delta people for self-determination and sustainable development.

“For the bulk of Nigeria, it also failed the requirement of plural democracy, true federalism and fiscal federalism. For instance, out of over 100 articles, 68 are devoted to exclusive federal list and only 30 to the concurrent, with no provision for a residual list, which could be legislated upon exclusively by the States and Local Governments. The 30 articles of the concurrent list according to the document could always be countermanded by federal superiority should there be conflict.

“The document is not only unitary, but military and lacks any form of merit even if amended.”

“The conference rejected the review of the constitution based on panels or questionable assemblies and that only a Sovereign National Conference is acceptable to the Niger Delta peoples, and

“That the document is insensitive in content and in style to gender issues”.

From the spirit to the body of the constitution, the Niger Deltans noted that “reviewer after reviewer, conference after conference and movement after movement have succeeded in identifying key issues that may have contributed in making the 1999 constitution the most antagonistic, repugnant and unjust document working against our present and future aspirations as a people”.

This is why, from all indications, the only aspect of agreement that cuts across all barriers and consideration is the need for a review of the constitution. The extent of review as it affects who and where, what group, etc had always been the cause of serious debates that had unnecessarily prolonged the review.

Nigeria is clearly a federal environment with three major ethnic groups, each with over an estimated 30 million people, populations that are singly more than half of some countries of the world, and 250 other smaller ethnic groups. All bunched together. Yet, the country, though not the most complex in the world, is almost run from a central source. This is widely believed to be the nation’s undoing.

In theory and practice, the 1999 Constitution conceives Nigerian federalism as almost unitary. The military mentality that Nigeria can only be kept together by force is what may have made those who guided the nation at critical moments to break away from federal principles what were already preponderant at independence.

The Federal List, which is exclusive to the Federal Government legislation, contains up to 64 items. While the Concurrent List where states could legislate along with the Federal Government contains only 12 items. Even at that, the federal government can also override the state legislation on any of the 12 items and declare state legislation inconsistent, with its own superseding. What this means is that since nothing is actually left for the states, the 1999 constitution is more of unitary than federal.

The governments of Argentina, Australia, Brazil, India and Mexico, among others, are also organized along federalist principles but none of them is unitary as Nigeria.

What the National Assembly should, therefore, do is to start in delivering or restoring enough federal features to the Nigerian practice by making room for the dilution of the centre so as to allow the states to play a greater role in determining their future happiness and development.

Beyond this, the operators of the system, those who execute it should also carry out their functions in accordance with no other consideration than the constitution, which must truly be supreme.

In the words of the governor of Sokoto State, Alhaji Aliyu Wamakko, “Our constitution is not the problem. I don’t feel that our problem is the constitution. Our problem is our attitude; our weakness is lack of political will to implement the provisions in the constitution.”

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Senate Defends Passage Of State Police Bill

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The Senate has defended the passage of the Constitution of the Federal Republic of Nigeria (Alteration) (State Police) Bill, 2026, saying the proposed creation of state police is driven by national consensus and the country’s security needs rather than political considerations.

The Red Chamber passed the bill last Wednesday after more than two-thirds of senators voted in support.

In a statement issued yesterday by the Directorate of Media and Public Affairs, Office of the Senate Leader, Senator Opeyemi Bamidele described the bill as “a child of necessity and not of political expediency as well as a product of national consensus and not of cynicism.”

 

The senate leader said the proposal to establish state police was a matter of urgent public importance that could not be delayed because of political interests, given the country’s security challenges.

He explained that the proposal did not originate recently but emerged from memoranda submitted to the Senate Ad-hoc Committee on the Review of the 1999 Constitution.

According to him, the proposal underwent extensive consultations and rigorous scrutiny because of its sensitive nature.

Bamidele said the National Assembly consulted widely with the Executive, the Nigeria Governors’ Forum, the Conference of Speakers of State Legislatures of Nigeria, the leadership of the Nigeria Police and other stakeholders before passing the bill.

He added that during the public hearings conducted across the six geopolitical zones in July 2025, participants overwhelmingly supported the creation of state police.

“At each level of our consultation, nearly all stakeholders embraced the State Police Bill in the light of stark realities we are facing today,” he said.

The Senate leader noted that recommendations from the Nigeria Police contributed to the bill, particularly on accountability and oversight mechanisms aimed at preventing abuse of state police by political actors.

According to him, the police’s support for the proposal underscores its national significance in tackling insecurity at the state and local levels.

Bamidele also said the bill received broad bipartisan backing in both chambers of the National Assembly.

“Even though the APC is the majority, there are members of opposition parties — PDP, ADC, NDC and Labour Party — that exercised their discretion in favour of the Bill, mainly in the national interest and not on parochial basis.

“In the Senate, for instance, 84 out of 109 members voted clause by clause in support of the Bill. This accounted for 77.06 per cent approval at the Senate alone,” he said.

He argued that national security should transcend political affiliations, saying political actors in other countries often set aside partisan interests to support initiatives that strengthen security.

Bamidele called on opposition parties to contribute constructive ideas that would promote peace and stability, adding that they have a responsibility to offer alternatives that would strengthen the country.

“Even when they disagree on some grounds, they are under obligations to provide credible and useful ideas that can make our nation better and greater. Unfortunately, they have not passed this critical test of opposition democracy,” he said.

 

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Probe N6.3bn Constituency Funds Or Face Legal Action, SERAP Tells Akpabio, Abbas

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The Socio-Economic Rights and Accountability Project (SERAP) has called on Senate President, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas, to refer allegations of the diversion or non-accounting of over ?6.3 billion in constituency project funds to anti-corruption agencies for investigation and possible prosecution.

 

The group also urged the National Assembly leadership to ensure that anyone found culpable is prosecuted where sufficient admissible evidence exists, while all diverted or unaccounted public funds are recovered and paid into the treasury.

 

In a letter dated June 27, 2026, and signed by its Deputy Director, Kolawole Oluwadare, SERAP said the allegations were contained in the Auditor-General of the Federation’s 2022 Annual Report, published on September 9, 2025.

 

The organisation disclosed this in a statement signed and released by Oluwadare, yesterday.

 

SERAP also asked Akpabio and Abbas to disclose the identities of contractors and companies, including their shareholders and beneficial owners, that allegedly received constituency project funds but failed to execute the projects.

 

It gave the National Assembly seven days to act on its recommendations, warning that it would institute legal proceedings should the legislature fail to respond.

 

“We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel you and the National Assembly to comply with our request in the public interest,” the letter stated.

 

It said, “The allegations involve several federal ministries, departments and agencies, including the Environmental Health Registration Council of Nigeria (EHORECON); the Federal College of Animal Health and Production Technology, Volm; the Federal Polytechnic, Udana; the National Agency for the Prohibition of Trafficking in Persons (NAPTIP); and the National Institute of Legislative and Democratic Studies (NILDS).

 

“The Auditor-General identified numerous cases of payments into private bank accounts, contracts awarded without due process, payments for contracts not executed or services not rendered, undocumented expenditures, inflated contracts, procurement irregularities and failures to account for public funds, recommending in each case that the funds be recovered and remitted to the treasury.

 

“According to the 2022 audited report, contained in pages 367 to 396, the Environmental Health Registration Council of Nigeria (EHORECON or Council) Abuja paid over ‘N22 million [N22,944,565.16] into the private account of some members of staff of the Council from the Constituency Projects Fund Account.

 

“There ‘was no evidence of the utilization of the funds and no explanations on the purpose for the payment of such amount into the individual accounts.”

 

SERAP added, “The Council (EHORECON) also in 2021 ‘awarded suspicious consultancy contracts of over N12 million [N12,030,818.29] for the development of Modern Abattoirs in Kebbi State and the supervision of 7 projects in Kebbi, Jigawa, and Headquarters Abuja.

“The money was to ‘produce bills of quantity, architectural design, structural design, mechanical design, and electrical designs for the contracts and supervision.’ But ‘the ‘items could not be found.’”

 

Altogether, SERAP said the Auditor-General’s 2022 report alleged EHORECON paid more than ?1.8 billion in constituency project funds through questionable transactions.

 

For the Federal College of Animal Health and Production Technology, Vom, SERAP said the institution “in 2022 reportedly ‘paid over N279 million [N279,700,500.00] to 3 contractors to empower and train youths in selected vocational areas in Borgu and Kontagora, Niger State, train women and youths in entrepreneurship in Niger East Senatorial District and to train youths and women in agro production and self-reliance in Barki Ladi/Riyom Federal Constituency, Plateau State.

 

“But the money was paid to the contractors without any document.’”

 

Other irregularities involving the college include another ?279.7 million in mobilisation fees allegedly paid without documentation, and more than ?629.4 million paid to unqualified contractors for various constituency projects without evidence of due process, contract advertisements or details of the contractors.

 

SERAP further alleged that the Auditor-General’s report identified multiple financial irregularities involving the Federal Polytechnic, Ukana, Akwa Ibom State, including over ?407 million allegedly paid as mobilisation fees without supporting documents, more than ?399 million paid to unqualified contractors, contracts allegedly inflated by over ?192 million, over ?279 million paid for projects not fully executed, ?50 million allegedly paid for an unexecuted borehole project, and more than ?83 million disbursed without the required documentation or approvals.

 

It also alleged that NAPTIP reportedly irregularly awarded contracts worth over ?21.8 million, paid more than ?176.8 million for logistics and consultancy services without supporting documents, and disbursed over ?89.6 million and ?4.4 million for projects that were allegedly not executed.

 

The report also alleged that NILDS failed to submit audited financial statements for 2012 to 2022, did not remit over ?15 million in stamp duties, and spent ?1.6 million without authorisation from the Office of the Accountant-General of the Federation.

 

SERAP said the report recommended the recovery of the affected funds and their remittance to the treasury.

 

It argued that corruption in constituency projects disproportionately affects poor and vulnerable Nigerians by diverting resources meant for public services and development.

 

It added that the National Assembly, in exercising its oversight responsibilities, should demonstrate leadership by ensuring accountability in the management of constituency project funds.

 

The organisation further argued that the allegations, if established, would amount to breaches of the Constitution, the Fiscal Responsibility Act 2007 and the Public Procurement Act 2007, which require transparency, accountability and due process in the management of public resources.

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Parties’ Deregistration: How Justice Lifu Overruled Appeal Court Justices

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Justice Peter Lifu of the Federal High Court in Abuja on Monday brushed aside the order of the Court of Appeal in Abuja which ordered him to stay proceedings in a suit that sought deregistration of the African Democratic Party (ADC), Accord Party and three others.
The Court of Appeal in a unanimous decision of a panel of three Justices had on May 22, 2026 directed the Federal High Court Judge not to proceed with the suit until an appeal pending before them and filed by Accord Party is resolved.
In a Certified True Copy Enrol Order of the Superior Court, Justices Mohammed Danjuma, Adebukola Banjoko and Oyejoju Oyewumi asked the lower Court Judge to stay proceedings until all issues on the appeal filed by the Accord Party were resolved
Governor Ademola Adeleke of Osun State had, through the Accord Party, applied to justice Lifu to join him as a defendant in the deregistration legal battle instituted by a group of former legislators.
The contention of the Osun State governor was that he had a stake in the Accord Party, being the platform he was seeking re-election in the August 15 gubernatorial poll in the state.
In his ruling, Justice Lifu on April 27 ruled against the Osun State governor, rejecting his request to be joined in the suit to defend his own position and interest.
Not satisfied with the Federal High Court decision, the Osun State governor, through his lawyer, Musibau Adetunbi (SAN), moved to the Court of Appeal in Abuja where he challenged the Justice Lifu decision to refuse to allow him join the suit.
After listening to the argument canvassed, especially that he has interest to protect as Accord Party gubernatorial candidate for Osun State governorship election, the three Justices of the Court of Appeal, unanimously directed Justice Lifu to allow them look into the grievances of the governor.
In specific terms, the Court of Appeal Justices directed Justice Lifu not to proceed further with the matter and fixed October 27 to determine the interlocutory appeal of the appellant.
However, when the certified enroll order and notice of appeal were served on Justice Peter Lifu by Mr Adetunbi (SAN), the judge rejected it on the ground that it was a ploy to arrest his judgment in the matter.
Although the judge had adjourned his judgment delivery in the matter indefinitely, he finally made a dramatic turn around on Monday and proceeded to deliver the judgment that has now proscribed the five political parties.

 

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