A renewed push for a referendum in Nigeria’s Constitution has sparked nationwide debate among legal experts, civil society groups, and regional organisations. Many describe the current system as elite-driven and undemocratic, calling for a people-endorsed Constitution that reflects true national consensus.
Senior Advocate of Nigeria, Wole Olanipekun, recently described the absence of a referendum clause in the 1999 Constitution as a major flaw. His remarks reignited public concern over how Nigeria’s constitutions have historically been imposed without popular ratification.
Since independence, no Nigerian constitution has ever been approved through a national referendum. Under the current arrangement, amendments require the support of two-thirds of both chambers of the National Assembly and at least two-thirds of state Houses of Assembly. Critics argue that this legislative process excludes the citizens whose lives the laws govern.
Groups such as Afenifere, Yoruba Ronu, PANDEF, and civil society organisations like the Human Rights Writers Association of Nigeria (HURIWA) have urged the inclusion of a referendum provision. They accuse the National Assembly of serving as an extension of the presidency, lacking the independence needed to champion true reform.
Historically, past constitutional exercises—especially during military rule—treated the idea of a referendum as off-limits, under the pretext that Nigeria’s unity was non-negotiable.
Senior Advocate of Nigeria, Mike Ozekhome, noted that the 1979 Constitution’s strength lay in being a single document applicable nationwide but lamented that political instability and power struggles continued afterward.
Elder statesman Dr. Chike Obidigbo described the omission of a referendum as undemocratic, calling it the “highest form of citizen participation.” He linked Nigeria’s reluctance to include such a clause to lingering external influences, particularly from Britain.
HURIWA’s National Coordinator, Emmanuel Onwubiko, condemned the current constitutional review process, calling the National Assembly “an appendage of the presidency.” He said the legislature lacks the will to deliver reforms that genuinely reflect the people’s interests.
“For those who think we have independent legislatures, we are only deceiving ourselves,” Onwubiko stated. “They act as extensions of the executive. It is time for a people-driven constitution.”
Political Scientist Professor Gbade Ojo argued that the lack of a referendum clause stems from political interests. He suggested that a new constitution could only emerge through an elected constituent assembly, not through legislative amendments.
Professor Rasheed Olaniyi of the University of Ibadan added that the absence of a referendum reveals the continued influence of military-era governance. He said the Constitution must evolve to promote good governance and reflect democratic ideals.
However, Chief Yomi Aliyu (SAN) maintained that Nigeria’s current Constitution, despite its flaws, remains functional. He urged citizens to focus on substance rather than form, noting that the National Assembly already represents the people’s mandate.
In contrast, Senior Advocate of Nigeria, Olisa Agbakoba, expressed doubts about the legislature’s ability to produce a truly workable constitution. He cautioned that while a referendum is important, it alone cannot solve Nigeria’s deep-rooted constitutional problems.
As debate continues, many analysts say the real obstacle lies in political elites’ fear of losing control over the process, making the call for a referendum both a legal and political battle over Nigeria’s democratic future.
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