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Ozekhome calls for complete replacement of Nigeria’s 1999 Constitution

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*Says, current one is Illegitimate, can’t save Nigeria
By Francesca Hangeior

Renowned constitutional lawyer and Senior Advocate of Nigeria, Mike Ozekhome, has renewed calls for the complete replacement of Nigeria’s 1999 Constitution, describing it as an “illegitimate document” incapable of addressing the country’s challenges.

Speaking during an interview on Arise News on Monday, Ozekhome dismissed ongoing constitutional amendment efforts as futile, insisting that no amount of tweaking can fix what he called a fundamentally flawed foundation.

“The issue is not about amending the constitution. I have said again and again that you cannot amend a bad document.

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“A bad, illegitimate document that never proceeded from the people through a popular plebiscite or referendum can never be the product of the people. I have said it again and again, that even one million amendments to the present constitution cannot solve it.”

According to him, the current constitution lacks legitimacy and moral authority because it was imposed by the military without the consent of the Nigerian people.

“We are still talking about constitutional amendment when we should be talking about introducing a brand new constitution that reflects our diversity as a nation, reflects our multi-religious linguistic inclination,” he added.

Ozekhome argued that the country needs a complete constitutional reset to cleanse itself of its structural ailments.

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“What we need is a total beginning, a fresh beginning, like from a tabula rasa, like Naaman the leper who dipped himself in the River Jordan seven times and became cleansed of his leprosy. That is what we need,” he added.

Ozekhome also took aim at the origin of the current constitution, which he said was enacted under Decree No. 24 of 1999 by the military regime of General Abdulsalami Abubakar.

He said the document’s preamble, which begins with “We the people,” is deceptive and undermines the document’s credibility.

“The present constitution, apart from its original sin, like that of Adam, of being a product of a military dictator, through the promulgation of the decree number 24 of 1999 told a lie about itself in its preamble by saying ‘we the people’ of Nigeria do hereby make and give to ourselves the following constitution,” he said.

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Ozekhome also criticised the constitution’s structure, which he said masquerades as federalism while actually concentrating power at the centre. He said the system strips Nigerians of their rights and fuels economic inefficiency.

“It cannot take us forward because one, it operates a unitary system of government, all the provisions, not a federal system of government. Two, it dispossesses the people of their economic, social, political, and cultural rights. Three, it is too heavy, on the side of wastages and leakages, which makes Nigeria today use about 70% to 80% of our national resources, to service recurrent expenditure and public debts, thus leaving only 20% to 30% for capital expenditure,” he explained.

“No nation can grow like that. We are not going to grow like that. So when we are talking about a constitution like this being amended, you are really pursuing shadows where you should pursue substance.”

He questioned the size and cost of Nigeria’s federal legislature and bureaucracy, describing it as bloated and unsustainable.

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“What, for example, are we doing with 109 senators and 360 House of Representatives members? Do you know the Senate has over 45 committees? Each committee is fully staffed with members and employees.

“We have a system where one position has accretions up to 10. Thus, we have an SSA, Senior Special Assistant, after a Special Advisor, Senior Special Assistant, then Special Assistant, then Personal Assistant. Do you know how many ministries we are operating? Well over 40 ministries.”

Ozekhome warned that unless Nigeria discards its current constitution in favour of a truly people-driven document that reflects its ethnic, cultural, and religious diversity, it will remain stuck in a cycle of dysfunction and stagnation.

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Fresh Crisis: Atiku, Malami, Others Fingered As EFCC Begins Fresh Probe Of Mambilla Power Deal

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The Economic and Financial Crimes Commission (EFCC) has constituted a team to investigate individuals named in alleged questionable dealings linked to the Mambilla Hydroelectric Power Project, following a recent ruling by the International Chamber of Commerce (ICC) in Paris, France, in favour of Nigeria.

Sources familiar with the development told Premium Times that the investigative team is being supervised by the Chairman of the EFCC, Ola Olukoyede.

The investigation comes days after the ICC tribunal dismissed major claims brought before it by Sunrise Power and Transmission Company Limited against Nigeria over the 3,960-megawatt Mambilla Hydroelectric Power Project in Taraba State.

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The company had made a claim against the Federal Republic of Nigeria, demanding $680 million as a settlement sum and interest in respect of another arbitration in which it is claiming over $2.7 billion in compensation and interest.

Delivering its verdict on Thursday, the tribunal directed Sunrise and its promoter to refund Nigeria’s legal fees of $11.8 million. It also rejected Sunrise’s claim for an order that Nigeria should pay the company $400 million in satisfaction of the settlement sum of $200 million and the default sum of $200 million.

The tribunal insisted that Leno Adesanya, the promoter of Sunrise, is bound by the arbitration agreement with Nigeria pursuant to the settlement agreement, adding that it has jurisdiction over Nigeria’s counterclaim against him and his firm.

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According to sources, EFCC investigation will focus on individuals mentioned in the tribunal’s findings over payments and transactions that the panel described as raising concerns or ‘red flags.’

The tribunal revealed that many Nigerian politicians and individuals who held public offices were named as associates or officials who had dealings with Adesanya

The officials include former Vice President Atiku Abubakar, his then-wife Jennifer Douglas, Abubakar Malami, Olu Agunloye, Sambo Dasuki, his son Abubakar Dasuki, Abdullahi Yola, and Dere Awosika.

Malami, a former Attorney-General of the Federation (AGF), was severely criticised by the tribunal for acting against Nigeria’s national interest. He was accused of maintaining an “inappropriate relationship” with Adesanya, and entering into a corrupt deal. Already, Mr Malami is facing trial after the EFCC accused him, his wife, and son of conspiring to conceal, disguise and retain about N8.7 billion proceeds of unlawful activities.

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Atiku, former vice president of Nigeria, was named by the tribunal in its review of a $500,000 payment made by Adesanya on 30 January 2003 from the Swiss bank account of his offshore company, China Castle Investments Ltd, to a US bank account belonging to Ms Douglas, Atiku’s ex-wife.

The payment was made less than four months before the Mambilla BOT contract was purportedly awarded to Sunrise by then Minister of Power and Steel, Olu Agunloye. Mr Adesanya told the tribunal that the money was part of a foreign-exchange transaction carried out for Atiku through his bureau de change business.

But the tribunal said that the explanation was not supported by documentary evidence. It said Adesanya did not produce records showing the underlying naira payment, the exchange rate applied, instructions from Atiku or his aides, correspondence concerning the transaction or documentation establishing its commercial purpose.

The tribunal also noted that neither Atiku nor Ms Douglas provided a witness statement or declaration supporting the explanation.

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It noted that Atiku had led a Nigerian government delegation to Beijing in July 2002, which included Adesanya, during which the Nigerian government and the Chinese state-owned NCPEC signed a memorandum of understanding covering, among other projects, the Mambilla project.

However, Atiku has denied being indicted by the tribunal and said he was not responsible for awarding the contract.

Agunloye, a former minister of Power and Steel, was linked to payments he described as part of “medical expenses”. He is currently standing trial over charges relating to the Mambilla power project.

The tribunal also questioned payments of $1.74 million made to Abubakar Dasuki, the son of Sambo Dasuki, a former National Security Adviser (NSA), adding that the transaction raised “considerable red flags.”

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The tribunal said Dasuki failed to substantiate his claim that the payment was a loan, citing inconsistencies in his evidence, the absence of a loan agreement and the lack of records showing how the transaction was accounted for by Sunrise.

Yola and Awosika were also named among those involved in alleged bribery and the receipt of controversial payments.

Sources told Premium Times that the EFCC may invite Atiku and his ex-wife, Douglas, for questioning in the coming days or weeks.

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Atiku Challenges Tinubu Over Third Straight UNGA Absence, Questions ‘American Baggage’

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Former Vice President Atiku Abubakar has demanded an explanation from President Bola Ahmed Tinubu over his decision to stay away from the United Nations General Assembly for the third consecutive year.

Atiku’s criticism followed the Presidency’s announcement that Vice President Kashim Shettima would represent Tinubu and lead Nigeria’s delegation to the 81st Session of the UNGA in New York. The 2026 General Debate is scheduled for September 22 to 28.

In a statement issued on Sunday by his Senior Special Assistant on Public Communication, Phrank Shaibu, Atiku said Tinubu had been absent from the 79th UNGA in 2024, the 80th in 2025 and would again not attend the 81st session in 2026.

Atiku, the presidential candidate of the African Democratic Congress, said the repeated delegation of the Vice President could no longer be regarded as routine diplomatic representation.

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He argued that the UNGA provides heads of government with an important platform to advance their countries’ interests, hold bilateral meetings, attract investments, pursue trade opportunities and engage development partners.

According to him, while Shettima could effectively represent Nigeria, the Vice President’s participation could not completely substitute for the President’s personal presence and visibility at a major international diplomatic gathering.

Atiku further argued that Nigeria could lose opportunities for investment and development financing when the President is absent from such high-level engagements.

“The cost is eventually transferred to ordinary citizens: fewer investments mean fewer businesses and fewer jobs,” he said.

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The former vice president also questioned reports that Nigeria’s Permanent Representative to the United Nations, Jimoh Ibrahim, had secured a seat for Tinubu close to United States President Donald Trump during the General Assembly.

“The seat was secured, but the President disappeared,” Atiku said.

He also questioned reports that the Tinubu administration had spent up to $9 million on American lobbyists, asking why Nigeria would commit such funds to lobbying efforts in the United States while the President repeatedly stayed away from the UN gathering in New York.

“What exactly did Nigerians purchase with that money?” Atiku asked.

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Questions over Tinubu’s US legal history

Atiku subsequently raised questions about Tinubu’s past legal proceedings in the United States, citing Case No. 93 C 4483 before the US District Court for the Northern District of Illinois.

He referred to the forfeiture proceedings involving funds held in accounts in Tinubu’s name and those of associated companies, alleging that US court documents linked the funds to narcotics trafficking and money laundering.

Atiku said the proceedings ultimately resulted in the forfeiture of approximately $460,000 to the US government.

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However, he stressed that he was not claiming Tinubu was legally barred from entering the United States.

“We are not asserting that Tinubu is legally prohibited from entering the United States. The Presidency has announced no such restriction,” Atiku said.

He nevertheless questioned whether Tinubu’s past legal history in the US had any connection with his repeated absence from the UNGA.

“Nigerians are therefore entitled to ask whether Tinubu’s three consecutive UNGA absences have anything to do with this documented American history,” he said.

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Atiku called on the Presidency to explain the reason for Tinubu’s absence if there was no legal, diplomatic, medical or personal impediment preventing him from attending.

“Has one man’s personal history become a burden on Nigeria’s diplomatic engagement?” he asked.

He also questioned whether the President’s absence could affect Nigeria’s diplomatic engagement with the United States and other countries.

Atiku concluded by demanding greater transparency from the Presidency over the decision to send Shettima to the UNGA for a third consecu

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2027: Tinubu Moves to Give Wike Rivers, FCT Campaign Control Amid APC Governors’ Clash

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President Bola Ahmed Tinubu is moving to give Minister of the Federal Capital Territory (FCT), Nyesom Wike, a clearly defined role in his 2027 presidential re-election campaign, with the former Rivers State governor expected to coordinate campaign activities in Rivers and the FCT.

The emerging arrangement, reported by THISDAY on Monday, is designed to harness Wike’s political network in the two territories without formally placing him within the hierarchy of the All Progressives Congress (APC), despite his prominent support for Tinubu’s re-election.

Wike remains a member of the Peoples Democratic Party (PDP) and has repeatedly stated that he has no intention of joining the APC to support Tinubu’s second-term bid.

The reported arrangement comes amid growing tensions between Wike and some APC governors over the structure and control of political mobilisation ahead of the 2027 elections.

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Wike to Coordinate Rivers, FCT

Wike has consistently maintained that he does not need to belong to the APC or occupy the position of Director-General of Tinubu’s campaign council before supporting the President’s re-election.

Instead, the FCT minister has publicly declared that his objective is to deliver Rivers State and the FCT for Tinubu in 2027.

During a media interaction in Port Harcourt earlier this month, Wike described himself as the “General Commander of the Political Infantry” in Rivers and the FCT.

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“You do not need to be governor before you can be in charge. I am the General Commander of the Political Infantry; therefore, I am in charge. So also in FCT. I owe the President to give these two,” Wike said.

The proposed campaign arrangement would give a formal framework to the political responsibility Wike has already publicly claimed in the two territories.

The reported move comes after Tinubu constituted the APC Presidential Campaign Council in August, with former Zamfara State Governor Abdulaziz Yari appointed Director-General.

Imo State Governor Hope Uzodimma was named secretary, while Tinubu serves as chairman. Vice President Kashim Shettima and APC National Chairman Nentawe Yilwatda were named vice-chairmen.

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Senate President Godswill Akpabio, House of Representatives Speaker Tajudeen Abbas and Yobe State Governor Mai Mala Buni were also assigned deputy director-general roles.

However, the emerging campaign structure is not expected to operate strictly through a single chain of command. According to the report, Akpabio and Deputy Senate President Jibrin Barau are expected to operate with distinct responsibilities rather than directly reporting to Yari.

The arrangement is reportedly intended to accommodate the different political blocs and influential figures expected to play roles in Tinubu’s re-election campaign.

Why Wike’s Role Is Different

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Wike presents an unusual political situation for the Tinubu campaign.

Although he remains a PDP member, he has become one of the President’s most prominent political allies outside the APC.

His relationship with Tinubu became particularly significant during the 2023 presidential election, when Wike and four other PDP governors known as the G5 refused to support the party’s presidential candidate, Atiku Abubakar.

Wike subsequently supported Tinubu while remaining in the PDP.

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After the election, Tinubu appointed him Minister of the FCT, making him one of the most prominent opposition-party politicians serving in the APC-led Federal Government.

Since then, Wike has repeatedly defended the Tinubu administration and declared his support for the President’s 2027 re-election bid.

The reported campaign arrangement comes against the backdrop of disagreements between Wike and APC governors over his proposed Rainbow Coalition.

Wike has described the coalition as a cross-party platform designed to mobilise support for Tinubu’s presidential re-election.

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