Former Nigerian Bar Association (NBA) President and legal luminary, Chief Wole Olanipekun (SAN), has urged the National Assembly to immediately suspend further amendments to the 1999 Constitution, calling instead for a new people-driven constitution through a national referendum. He described the current document as a “military albatross” that no longer reflects Nigeria’s federal spirit or diverse realities.
Olanipekun Says 1999 Constitution Has Lost Legitimacy
Delivering the 13th Convocation Lecture of Afe Babalola University, Ado-Ekiti (ABUAD) on Monday, titled “Nigeria Yesterday, Today and Tomorrow: Imperative of a Sober and Definitive Recalibration,” Olanipekun said the 1999 Constitution “tells lies against itself” and no longer represents Nigeria’s collective aspirations.
“The National Assembly should, for the time being, stay action on any further amendment to the 1999 Constitution,” he declared. “This Constitution needs a complete overhaul and substitution. It must be a negotiated document that paves the way for a new social order.”
Calls for a People-Driven Constitution
The former Body of Benchers Chairman stressed that Nigeria needs a homegrown legal framework reflecting the people’s will and uniqueness. According to him, piecemeal amendments will not solve the country’s foundational problems, which stem from a structure that centralizes power and perpetuates inequality.
“Our constitutional crisis lies in the fact that it was imposed by the military without consultation or consent,” he noted.
National Referendum ‘Overdue and Inevitable’
Chief Olanipekun described a national referendum as “a solemn act by which a people collectively speak in unison on matters of grave national importance.” He said such a process has become inevitable for Nigeria’s political and social rebirth.
He cited international precedents, including Italy’s 1946 referendum that abolished monarchy and Britain’s 2016 Brexit vote, noting that Nigeria itself has a history of referendums, such as the 1961 plebiscite that determined Southern Cameroons’ fate and the 1963 vote that created the Mid-West Region.
Proposes Transition Phase Toward 2031
Olanipekun proposed a transition period from now until 2031 to allow Nigeria to review past constitutional reports and harmonize restructuring efforts before adopting a new national charter.
“Elections will continue during this phase,” he explained, “but come May 29, 2031, Nigeria should operate under a new Constitution, a new structure, and a fresh dawn.”
Faults Centralized System, Demands State Policing
On security reform, Olanipekun criticized Nigeria’s over-centralized police structure, arguing that governors are “chief security officers” only in name. He called for immediate establishment of state, community, and zonal police formations to enhance local security management.
He cited examples from the United States, Germany, and Canada, where decentralized policing strengthens accountability and quick response to local challenges.
The senior advocate also lamented the erosion of ideology in Nigeria’s political parties. He contrasted the principled politics of the First and Second Republics with today’s era of defections and weak internal discipline.
Afe Babalola Backs Olanipekun’s Call
In response, Aare Afe Babalola (SAN), founder of ABUAD, praised Olanipekun’s intellectual depth and urged President Bola Tinubu, the National Assembly, and the Nigerian Bar Association to urgently act on his recommendations. “His position deserves immediate attention for the sake of the country,” Babalola said.
Chief Wole Olanipekun’s call for a new constitution and national referendum has reignited national debate on Nigeria’s future. His message to the National Assembly is clear: Nigeria cannot achieve true development or justice under the current 1999 Constitution. He insists the time has come for Nigerians to decide, through a referendum, the kind of nation they wish to build.
