Olanipekun SAN Calls for New Constitution, Warns Against Endless Amendments
Former President of the Nigerian Bar Association (NBA), Chief Wole Olanipekun, SAN, has urged the National Assembly to suspend further amendments to the 1999 Constitution, insisting that Nigeria requires a fresh, homegrown constitution that reflects the collective will and peculiarities of its people.
Delivering the 13th Convocation Lecture of Afe Babalola University, Ado-Ekiti, titled “Nigeria Yesterday, Today and Tomorrow: Imperative of a Sober and Definitive Recalibration”, Olanipekun described the 1999 Constitution as a “military albatross” imposed on Nigerians without consultation or consent. He argued that the document has outlived its legitimacy and continues to perpetuate structural imbalances.
According to him, “The National Assembly should, for the time being, stay action on the ongoing amendment or any further amendment to the 1999 Constitution. What Nigeria needs is not another patchwork reform but a negotiated charter that will pave the way for a new social order.”
The Senior Advocate expressed concern over the lack of ideology in Nigeria’s political culture, warning that the persistent wave of defections and cross-carpeting among politicians undermines democratic stability. He stressed that party membership should be rooted in fidelity to principles, manifestos, and ideology, as is the practice in established democracies.
Citing President Bola Tinubu as an example of political consistency, Olanipekun noted that Tinubu remained in opposition for years, resisted defections, and built his party into a winning platform. He contrasted this with the majority of Nigerian politicians who, since 1999, have shifted allegiances with ease and convenience.
Olanipekun further commended Tinubu for reintroducing the old national anthem, describing it as a symbolic step towards national recalibration. He urged Nigerians to be deliberate and reflective in reconciling ethnic and cultural differences in order to build a stronger federation.
On the path to constitutional reform, he recommended a transitional phase between now and 2031, during which Nigeria would harmonise past constitutional efforts, including reports of various conferences and committees on restructuring. He proposed that by May 29, 2031, the country should be ready to operate under a new constitution and governance structure.
He also canvassed for a national referendum, describing it as a solemn act through which the people collectively decide matters of grave national importance. Sovereignty, he reminded, resides in the people under Section 14(2)(a) of the 1999 Constitution, and they therefore have the inalienable right to determine how they wish to be governed.
Olanipekun advocated a reconfiguration of Nigeria’s federal structure, arguing that states—not the Federal Government—should drive the framework of governance. He cautioned against the clamour for more states, warning that proliferation only weakens the federating units and strengthens the centre.
Concluding, he maintained that only a referendum, not the National Assembly, can legitimately determine the future of Nigeria’s constitutional architecture. “One cannot be a judge in his own cause,” he said, insisting that the federating units must take charge of the process.
In his remarks, the Chancellor of ABUAD, Aare Afe Babalola, SAN, commended Olanipekun for delivering a well-researched lecture, aligning with his own long-standing advocacy for a new constitution as the foundation for Nigeria’s sustainable development.
