Ozekhome: 1999 Constitution a “Curse” to Nigeria’s Development, Calls for Brand-New Document

Renowned constitutional lawyer and Senior Advocate of Nigeria (SAN), Mike Ozekhome, has declared that Nigeria’s persistent constitutional amendments are futile and incapable of resolving the deep-rooted challenges facing the country.

Speaking on Channels Television’s Politics Today on Friday, Ozekhome argued that the 1999 Constitution—handed down by the military—remains a major obstacle to Nigeria’s progress, and only a fresh, people-driven document can offer a way forward.

“What we need is a brand-new constitution that is people-driven. You can’t amend a bad document. A document that is already afflicted with an ailment cannot be amended,” he said.

Using a metaphor to illustrate his point, the legal scholar asked, “If you have a problem in your house — the building is cracking — how do you solve it? Some people say, ‘Let’s amend the present constitution.’ Amendment, one million times, cannot solve the problem.”

Ozekhome criticised the current constitutional framework for promoting excessive centralisation of power in Abuja, which he said has stifled regional development and autonomy.

“It was imposed on us by a military government. We need a people’s constitution that truly reflects our wishes,” he maintained. “As it is, the constitution is a curse to Nigerian development. No state is producing; every state is relying on Abuja. Abuja has become too centralised and powerful — that is why everybody goes there.”

He also took aim at the American-style presidential system, describing it as both costly and ineffective. According to him, the structure is draining the country’s resources.

“We use about 70 to 80 per cent of our national budget for recurrent expenditure and debt servicing, leaving only 20 to 30 per cent for capital projects. That cannot lead us anywhere,” he said.

“A parliamentary system is less expensive but more effective. Under that system, it is the political party that campaigns, not individuals needing trillions in 2027 to contest as president or governor.”

The SAN advocated a return to the parliamentary model used before the 1966 military coup, in which regions had greater control over their resources and internal security.

“It brings more money to the table, it creates jobs, and most importantly, it helps security. Once people control their local security and resources, insecurity will vanish. It’s not rocket science,” he stated.

He likened current reform attempts to cosmetic patchwork on a dangerously flawed foundation.

“Don’t invite someone to patch the cracks. You tear it down and build afresh,” Ozekhome said.

According to him, a new constitution would help Nigeria confront urgent issues like poverty, hunger, and insecurity more effectively.

“It will. Once power is devolved, people will feel responsible and empowered to manage their affairs. That translates into development,” he added.

He also argued that decentralisation would allow states or regions to legislate independently, boost infrastructure, attract investments, and establish culturally-relevant policing structures.

Ozekhome didn’t shy away from pointing fingers at those benefiting from the centralised structure, accusing them of sabotaging restructuring efforts out of fear of losing grip on power.

“They will say, ‘No restructuring, no local government autonomy,’ because the power rests at the centre. This greed for central power is killing the country,” he warned.

Despite his critique, the senior lawyer believes national unity can still be maintained under a restructured system, as long as fair representation is enshrined in a parliamentary framework.

In a direct appeal to President Bola Tinubu, Ozekhome urged him to take up the mantle of constitutional reform and lead the charge for a new national charter—reminding the president of his past advocacy for such change.

“Tinubu knows that a new constitution will solve our problems. In the past, he was one of us crusading for a people’s constitution, and if he does, he will be remembered in history more than for any other achievement during his tenure,” he said.