Legal luminary and Senior Advocate of Nigeria, Chief Wole Olanipekun, has called for the immediate replacement of the 1999 Constitution, describing it as a deeply flawed document that cannot guarantee equity, justice, or national cohesion. He warned that ethnic agitations would persist until Nigeria adopts a truly indigenous and people-driven constitution.
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Olanipekun made the call on Tuesday while speaking at The PUNCH Forum held at The PUNCH Place on the Lagos-Ibadan Expressway. He delivered a keynote address on the theme, “The Imperatives of Restructuring Nigeria.”
According to him, the recurring cries of marginalisation across various regions of the country are rooted in structural imbalances entrenched by the current constitution, which he said lacks legitimacy and fails to reflect the will or realities of Nigerians.
“Nigeria has reached a point where almost everyone is shouting marginalisation,” Olanipekun said. “When Jonathan was in office, the North complained. When Buhari came in, the Yoruba shouted. Now Tinubu is in power, and the North is crying foul. Is this how we want to continue—grumbling without addressing the root cause?”
He argued that if Nigeria had a constitution founded on equity and fairness, no region would feel the need to desperately seek control of the presidency.
“If we had a grundnorm that is fair, equitable, usable and defensible, no one would care who governs,” he added.
Olanipekun also lamented the growing ethnic hostility in Nigeria, particularly on social media, warning that the nation’s diversity was being mismanaged. He recounted personal experiences during the 2023 elections, saying he was subjected to ethnic abuse and insults simply for holding differing views.
“We are squandering our diversity—shouting, abusing one another. On social media, I see the insults traded between zones. I never saw such as a young man,” he said.
Dismissing the popular argument that Nigeria’s challenges lie more with the people than the constitution, Olanipekun noted that the over 130 amendments to the document within 25 years prove it is inherently defective.
“If it’s the people and not the constitution, then why do we keep amending it? If your cloth is worn out, do you keep stitching it? Eventually, you’ll have to replace it,” he said.
The senior advocate stressed that true restructuring—particularly federalism—can only begin with a new foundational document.
“You can’t restructure without touching the Constitution. The starting point is to ask: what kind of government do we want? Federalism is the best choice for Nigeria. Diverse groups voluntarily come together, each autonomous, to build a stronger union,” he explained.
He pointed out that prior to the military incursion in 1966, Nigeria practised true federalism, and that reverting to that system remains the most viable path to unity and progress.
Olanipekun also proposed a national conversation around the country’s colonial foundations, including the 1914 amalgamation and the name “Nigeria” coined by Flora Shaw.
“Let us choose a name that evokes unity and pride, a name we can all own and be proud of,” he urged. “Many countries have changed their colonial names. Why are we still stuck with a name imposed by colonialists?”
Citing the political sophistication of ancient Yoruba systems like the Oyo Empire, which practised separation of powers long before Western democracies, Olanipekun emphasised the importance of indigenous values in shaping Nigeria’s future legal framework.
“We had autochthonous systems that worked. The Alaafin was powerful, but he could be checked by the Oyomesi. That’s governance rooted in our reality,” he said.
He concluded by urging political and civic leaders to see the current moment as an opportunity to reimagine Nigeria’s future.
“I’ve never called for Nigeria’s breakup. I believe in our unity—if we do what is right. But if we fail to restructure, we are being unfair to the next generation,” he warned. “This is the time to jaw-jaw and get it right.”
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