An agenda for reforming Nigeria’s constitution

In July 2025, the National Assembly resumed deliberations on reforming the Constitution of the Federal Republic of Nigeria (1999), a constitution that critics describe as autocratic, contending that the military imposed it. The failures in governance, resource control, and the lack of accountability stem from the constitution’s lack of inclusivity, particularly in meeting the expectations of Nigerians. These failures contribute to the distrust in leadership, putting Nigeria at a greater risk of sectionalism, tribalism, and diminishing nationalism. To address these failures, there is a need for a citizen-led constitutional conference. The federal government should devolve more power to state governments and create stronger institutional protections.

A national citizen-led constitutional conference is necessary to correct the decades-long domination of reform debates by the political class, which often excludes citizens from participation. An inclusive conference would enable citizens, including young people, women, labour unions, and civil society, to debate priorities for reform and contribute to reshaping a common national vision. By shifting from an elite-dominated to a citizen-led constitutional reform debate, Nigeria will move toward a truly “we” constitution. The 2014 National Conference, for instance, presented one of the most comprehensive efforts to address Nigeria’s constitutional issues.

The conference had representatives from every state in the federation. In terms of governance and institutional safeguards, the conference recommended a clearer separation of powers, the judiciary’s independence, and checks against the executive’s interference in the other arms of government. Other recommendations included transparency in the appointment of judicial officials and key public officers, as well as a non-renewable term for them. The conference remains a valuable roadmap that should guide future constitutional reforms.

It is necessary to amend the revenue structure linking states to the federal government, enabling state governments to implement policies that address their unique needs. This restructuring should involve a review of the current revenue allocation formula to allocate more revenue to states while reducing excessive federal control. It would entail states keeping a fair portion of their internal revenue instead of remitting the majority to the federal government. The Nigeria Governors’ Forum has consistently advocated fiscal restructuring, protesting that the current system makes states dependent on the federal government, limiting their potential for development. Such reforms would also introduce mechanisms for accountability and transparency, ensuring the use of additional resources for local development. Greater state authority would enhance federalism, enabling state and local governments to manage resources more efficiently and foster a balanced national economy.

It is also crucial to establish stronger institutional safeguards for the various branches of government. While the Nigerian constitution provides for checks and balances, political interference undermines these mechanisms. For example, an independent constitutional court, with transparent appointments and non-renewable terms, could act as a safeguard for reforms. Nigeria can learn from the South African Constitutional Court, which promotes democracy, holding citizens and the political class accountable for their actions. Similar to South Africa, the establishment of such a court in Nigeria would safeguard constitutional reforms and guarantee they serve the public good.

Constitutional reform, although not an absolute solution, can ensure the stability of the government and other institutions and enhance development. Nigeria’s democracy can only positively impact its citizens through inclusive, fair, and just constitutional reform.

Agbeye Oburumu is a writing fellow at African Liberty.

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