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Senior Advocate of Nigeria (SAN), Mohammed Ndarani, has called on the National Assembly to ensure that the ongoing constitutional review process authentically reflects the will and aspirations of the Nigerian people. Addressing journalists in Abuja on Friday, Ndarani emphasized that a people-driven constitution is key to Nigeria’s democratic evolution and national cohesion.

Highlighting the inadequacies of the current 1999 Constitution, which he described as a mere annexure to a military decree, Ndarani argued for either a total overhaul or, at the very least, a comprehensive and inclusive amendment process. “My stand has always been to draft a totally new constitution, but if we must continue to tinker with the same document over and over again, it has to be thorough this time around,” he stated.

He noted that despite five previous amendments, the constitution still falls short of meeting the country’s complex and diverse needs. “There have been many efforts to knock it into shape, but with very little success. The truth, however, is that the constitution has to be fundamentally solid and take into account the special characteristics of the entity for which the document is being drafted,” he said.

Ndarani insisted that the review process must be informed by Nigeria’s unique demographic, ethnic, and economic landscape. He stressed the importance of legitimacy through a people-oriented process, stating, “There is therefore a great need for the National Assembly to make provision for a proper referendum prior to amendments to those critical areas of the constitution. This is what will give the said constitution or act the touch of the people, imbue it with much-needed legitimacy and bring the laws closer to the people and vice versa.”

With zonal public hearings already underway, he underscored the necessity of genuinely listening to public input. “The world over, constitutions are amended to respond to socio-economic, cultural and political changes, so the amendment process must entail the mass participation of the people,” Ndarani said.

He acknowledged that no constitution is perfect and emphasized that its success largely depends on the integrity of its implementation. “It must be transparent, credible and rigorous enough to ensure that it is done in the interest of the people, and not to protect the personal interests of some individuals,” he asserted, warning against the practice of using constitutional amendments to entrench vested interests. “In many instances amendments are seen as a means of protecting vested interests as power blocs see the process as a political poker game, rather than a democratic rearrangement to benefit all.”

Citing Section 14 of Chapter II of the 1999 Constitution, he reiterated that sovereignty belongs to the Nigerian people and that governance must reflect their active participation. “It explicitly states that the people of Nigeria hold sovereignty, and the government’s powers and authority are derived from them,” he noted.

The senior lawyer questioned the reported removal of certain submissions made by citizens during the current review, especially those calling for the elimination of the immunity clause. “We are talking about fighting corruption at the highest places and they are refusing to allow debate on the removal of the immunity clause. Who told them to remove those submissions, was it the people? Removal of the immunity clause is part of what the people want,” he said.

He emphasized that accountability must be entrenched in the constitutional framework, urging the National Assembly to stop handpicking memoranda and to respect the voices of Nigerians. “They should allow whatever is the opinion of people on the people’s constitution to prevail. The drafters should listen more to the people and ensure that it is a national dialogue indeed, and a participatory constitutional reform process that reflects the aspirations of all Nigerians.”

Ndarani envisioned the outcome of the review as a transformative step for the country. “The review should result in a responsive and efficient constitution that will address structural, fundamental and emerging issues within the Nigerian Federation. With the right constitution to guide the Nigerian nation, this country has the wherewithal to be one of the leading nations on earth,” he said. “Let us put our heads and hands together to realize that greatness.”

He also voiced support for the controversial indigeneship bill proposed by Deputy Speaker of the House of Representatives, Benjamin Kalu. The bill proposes that anyone who has resided in a state for at least ten years or is married to an indigene should be granted indigene status.

“I see it as a progressive move for national unity,” Ndarani declared, citing Chapter 3 of the 1999 Constitution which defines citizenship acquisition criteria. He drew parallels with global best practices, especially in the UK and the US, where residency and national citizenship trump ethnic origins in determining electoral rights.

“Nobody should be prevented from contesting for a position because his parents were not from a particular city, state or locale. Citizenship should take precedence over other mundane considerations,” he said.

Ndarani emphasized that the preamble of the constitution underscores Nigeria’s indivisibility. “That means that you take a position based on citizenship in the state, not on indigeneship. And there should be no discrimination. This citizenship provision is saying that Nigeria is one indivisible nation. It is Nigeria first, before individuals.”

He concluded by throwing his full weight behind the bill, saying, “That bill is very, very good and I also lend my voice to it, because that should be the ideal situation. The constitution should have state citizenship: that is you know where you come from, but once you have your citizenship, like in the UK, nobody will ask you where you are from.”

Ndarani’s remarks serve as a strong reminder to the lawmakers of the solemn duty they owe the nation—to build a truly democratic, inclusive, and people-owned constitutional order.

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