CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED): THE WILL OF NIGERIANS?

Abstract

The search for an autochthonous Constitution for Nigeria has always been a teething problem since inception of Nigeria in 1914. Almost all the Constitutions so far enacted in Nigeria lacked autochthonous nature of a valid Constitution and due process in constitution-making. Thus given rise to so many deficiencies and many Constitutions enacted in the polity being rejected and jettisoned soon after the enactment, and a quest for another new Constitution pursued. The object of this paper is therefore, to examine in a global perspective whether the Constitution of the Federal Republic of Nigeria, 1999, (as amended), is the will of the people. To examine this, the paper adopted the doctrinal methodology using primary and secondary sources of information supported with a historical and a comparative analysis to drive home the points. To this end, it is sadly discovered that the Constitution of the Federal Republic of Nigeria, 1999, (as amended), is not the will of the people, and so face more or less disobedience than obedience to the provisions of the Constitution. It is therefore, recommended among other things, that immediate replacement of the Constitution that will emanate from the people is of essence. This could be achieved by creating an interim Constitution which will guide the people while a constituent assembly that will emanate from the people is constituted to draft a Constitution which will reflect the desires and aspirations of the people and which will also at the end be thrown back to the people through referendum and later adopted based on people’s will.