Agbakoba: Nigeria in Fatal Illusion of Federalism, 1999 Constitution Irredeemable

•Says 2027 is nation’s final chance for reform 

•Afenifere faults FG’s amendment plan, says it’s cosmetic, bound to fail

Chuks Okocha in Abuja and Wale Igbintade in Lagos

Former President of Nigerian Bar Association (NBA), Chief Olisa Agbakoba, yesterday, said Nigeria was trapped in fatal illusion of federalism, stressing that the 1999 Constitution is irredeemable.

The Senior Advocate of Nigeria (SAN) said the 2027 elections might be Nigeria’s last peaceful opportunity to fix its broken governance structure through sweeping constitutional reforms.

Relatedly, Yoruba socio-political group, Afenifere, criticised the federal government’s ongoing constitution amendment process, describing it as “cosmetic, unrealistic and a waste of national energy”.

Speaking at a press conference in Lagos, yesterday, Agbakoba stated that the country urgently needed a new constitution anchored on true federalism, massive devolution of powers, and fiscal autonomy for states.

He unveiled a comprehensive reform framework, titled, “Devolution is the Solution — Fundamental Reform Agenda for Nigeria’s Transformation.” He described this as the country’s final peaceful chance for fundamental restructuring before the 2027 elections.

Agbakoba said, “We cannot build a prosperous Nigeria on a cracked foundation. Twenty-five years of constitutional amendments have failed.

“What this country needs is constitutional replacement, not patchwork.”

The renowned lawyer warned that the 1999 Constitution had “failed and is irredeemable,” stressing that only a new, people-driven constitution that reflects the country’s diversity can prevent Nigeria from sliding deeper into instability.

Agbakoba cautioned that the current unitary-federal structure was unsustainable, adding, “The 2027 election is Nigeria’s last peaceful chance for change. We either devolve power to the states and regions or face a much bigger national crisis.”

He emphasised that devolution, not superficial amendments, was the key to economic transformation, saying Nigeria can unlock over N500 trillion in economic value through true federalism.

“We can no longer pretend that this 1999 Constitution can deliver progress. It was designed for a command structure, not for a federation. It is time to adopt a completely new legal framework,” he stated.

Agbakoba explained that repeated constitution amendments had failed to address fundamental governance problems, including over-centralisation of power, weak federating units, and lack of accountability.

According to him, “Tinkering at the edges of a flawed system will not bring the transformation the country urgently needs.”

Agbakoba said, “The federal government has become too powerful and unresponsive. It must shed weight and allow states to take responsibility for their own development. This is the only way to make Nigeria work.”

He called for the establishment of multi-level policing as a critical step towards improving internal security.

He said, “It is absurd that governors are called chief security officers but cannot control the police. States must have their own police, control their resources, and generate power without unnecessary federal bottlenecks.”

Agbakoba also outlined an economic restructuring plan to allow states and regions drive development from the bottom up.

Meanwhile, Afenifere strongly criticised the federal government’s ongoing constitution amendment process, saying it is a waste of national energy.

Speaking on Channels Television’s The Morning Brief on Wednesday, Afenifere’s Director of Research, Dr. Akin Fapohunda, said the government’s move to amend the constitution in about 74 places and alter 83 clauses within six months was impractical and lacked genuine intent to address Nigeria’s structural problems.

Fapohunda stated, “What the federal government wants to do is to amend the constitution in about 74 places, change 83 clauses. Do they have the capacity to do that in the next six months before the next election?

“Do the 36 state assemblies have the brain to process 70-something bills in the next three–six months? The whole system is just headed for the garbage can. You cannot do it.”

Fapohunda accused the political elite of using the process for self-serving motives, including proposals to create 46 new states, which he said were driven by the desire for new security votes and access to public funds.

He stated, “They want to create 46 new states so there will be security votes for the governors; there will be money to buy SUVs, all of them want to be governors in these states.

“Maybe I’m being uncharitable, but they’ve given us enough reason to believe they are not serious. The little things they are putting there are just cosmetics; they are of no use.”

He dismissed calls for multi-level policing under the current framework, insisting that Nigeria needs full decentralisation.