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1999 Constitution lifted from civilian draft, not military — Abdulsalami
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Former Head of State, Gen Abdulsalami Abubakar (retd.), has dismissed as false the long-standing claim that Nigeria’s 1999 Constitution was written by the military.
He insisted that close to 95 per cent of the document was lifted from the 1979 Constitution, a text drafted by 49 civilian legal experts with no soldiers involved.
The claim comes as prominent Nigerians demand a new constitution for the country, insisting that the 1999 Constitution was imposed on the country by the military.
However, in Chapter 23 of the 264-page, 27-chapter autobiography, titled ‘Call of Duty,’ Abdulsalami said the decision to adopt the 1979 Constitution, rather than the late Gen Sani Abacha’s unpopular 1995 Draft Constitution, came to him as a welcome relief after a 25-member committee he set up found that Nigerians nationwide, at home and in the diaspora, had overwhelmingly rejected the Abacha-era document.
Abdulsalami revealed that upon taking office in June 1998, he set up a 25-member constitution debate coordinating committee, chaired by Justice Niki Tobi, with Dr Suleiman Kumo as Deputy Chairman, to coordinate a national debate on Abacha’s 1995 Draft Constitution, not to write a fresh one.
He wrote, “At the inauguration of the CDCC on 11 November 1998, I raised several contentious issues in the Draft 1995 Constitution and mandated them to come up with fresh ideas.
“I need to reemphasise here that their job was not to write a new constitution but to coordinate a debate on the draft. I have heard many critics say the Niki Tobi Committee was set up to write a new Constitution. That is absolutely false.”
He disclosed that the committee received a total of 405 memoranda from ethnic, cultural and regional associations, with the Afenifere/NADECO bloc insisting the 1995 draft was an “Abacha Constitution” that should be discarded entirely, while Nigerians in the United States held a separate forum on the document at the Grand Hyatt Hotel in Washington, D.C.
According to Abdulsalami, Justice Tobi’s committee found a national consensus when its findings were submitted.
He quoted Justice Tobi as reporting, “In the light of the memoranda and the oral presentation on the 1995 Draft Constitution, it is clear that Nigerians basically opt for the 1979 Constitution with relevant amendments.
“Putting it in another language, the common denominator in the mouths of Nigerians the world over is the 1979 Constitution with relevant amendments.
“They want it, and they have copiously given their reasons for their choice in the different memoranda and oral presentations.
“So, we have recommended to the Provisional Ruling Council the adoption of the 1979 Constitution with relevant amendments from the Draft 1995 Constitution.”
Abdulsalami admitted that the idea of simply reverting to the 1979 Constitution had not originally occurred to him, but that the recommendation came as a relief because it offered the fastest route out of a looming political crisis.
“I must confess that this was a welcome relief to me. Adopting the Draft Constitution wholesale would definitely be opposed by the Afenifere/NADECO bloc, which never wanted to have anything to do with Abacha.
“There was the real danger that we could go into another phase of crisis over that. For someone who wanted to get the transition programme done with as quickly as possible, I was quite comfortable with the option of adopting the 1979 Constitution.
“In all honesty, the thoughts of the 1979 Constitution did not initially cross my mind at all. After Tobi’s presentation, I found it attractive. That Constitution was a well-debated document,” he wrote.
He noted that many of the same politicians who later campaigned vigorously against the 1999 Constitution had themselves participated in debating the 1979 Constitution and contested elections under it.
“It is ironic that many of those vociferously campaigning against the 1999 Constitution participated in the debate over the 1979 Constitution and even ran for various elections under it.
“They loved the Constitution then but now regard its replica as the worst legal document ever,” Abdulsalami wrote.
Addressing the allegation that the military authored Nigeria’s current constitution, the former Head of State refuted the claim, saying the document owes its lineage to a Constitutional Drafting Committee set up in 1975 under the Gen Murtala Muhammed administration.
“It is false to say the military wrote it. The 1979 Constitution and the Draft 1995 Constitution, both of which the 1999 Constitution borrowed from, were not written by the military, even if they were produced under military rule.
“They were written by some of the best brains the country had to offer. I need to put this on record because there are many Nigerians who are not aware of the history and keep repeating this distortion,” he wrote.
The former head of state disclosed that the CDC had 50 members, chaired by Chief FRA Williams, adding that Chief Obafemi Awolowo was nominated to serve but excused himself, believing it would be morally wrong to draft a constitution while also planning to participate in Second Republic politics, a decision that brought the committee’s membership down to 49.
“The CDC studied different Constitutions across the world and produced the draft that was submitted to the military government in 1976.
“By the way, all constitutions are drafted by a group. There is no constitution in the world where each clause is written by ‘the people’.
“Even if a ‘sovereign national conference’ was to produce the ‘perfect constitution’, it would still be drafted by a small group of people, not 200 million people,” he wrote.
Abdulsalami further disclosed that the CDC’s draft was subsequently scrutinised clause by clause by a 230-member Constituent Assembly headed by Justice Udo Udoma, set up under Gen Olusegun Obasanjo in 1977, of which only 20 members were appointed by the military government, and none of them was a soldier.
“Of the 230 members, only 20 were appointed by the Military Government, and they were neither soldiers nor military officers. Seven members of the CDC were also in the Constituent Assembly.
“The rest were elected based on a representation formula that used population, states and councils as factors,” he wrote.
On the criticism that two military-era decrees were retained in the document, the Land Use Act and the National Youth Service Corps Act, Abdulsalami argued the claim was being used to delegitimise the entire constitution unfairly.
“I would not consider this a disaster that should invalidate the other provisions of the Constitution. People are only trying to force the issue,” he wrote.
He also rejected the argument that the 1999 Constitution lacked legitimacy for never having been put to a referendum, noting that no Nigerian constitution, including the 1979 document many critics now praise, was ever subjected to one.
Abdulsalami wrote, “This argument is only applied to discredit the 1999 Constitution.
“It is all the more obvious when some of the people who participated in producing the 1979 Constitution join the chorus of those attacking the 1999 Constitution.”
The former Head of State confirmed he signed Decree No. 24 of 1999 on May 5, 1999, to promulgate the 1999 Constitution, which took effect on May 29, 1999.
It retained the presidential system and federal structure of the Second Republic while introducing the 13 per cent derivation formula for mineral-producing states, a provision Abdulsalami said was designed to address “the neglect of the Niger Delta.”
He wrote, “A Constitution is a living document. It is subject to amendments, alterations and updates.
“The U.S. Constitution has been amended 17 times in 200 years. Even the much-criticised 1999 Constitution has been amended five times. There is no perfect Constitution in the world.”
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NCC begins telecom pricing review after eight years
The Nigerian Communications Commission, working with consultancy KPMG, has begun a comprehensive review of telecom interconnection pricing, the first major reassessment of the sector’s tariff framework in nearly a decade.
The exercise, kicked off in Lagos at a mobile termination rate stakeholder forum on Tuesday, brought regulators, operators and industry participants into a structured process to reassess wholesale pricing rules that govern payments between networks for completing voice calls.
Mobile Termination Rates are regulated fees paid by one operator to another to complete calls across networks. They influence competition, investment, and retail pricing.
The telecom regulator said the current framework, last set in 2018 and adjusted in 2022, has been overtaken by structural changes in the market, including the rollout of 5G, the expansion of data-led services, and the entry of mobile virtual network operators.
It also cited macroeconomic pressure, including currency depreciation and inflation, which have significantly altered operators’ cost bases.
The Head of the Competition and Tariff Unit at the NCC, Omotayo Mohammed, said the exercise goes beyond a routine tariff review and reflects the need to align regulation with a rapidly evolving industry.
The executive stated that the telecom market has changed materially since the last determination, both in technology deployment and market structure, adding that new service categories and business models now require regulatory attention.
“For regulation to remain effective in a fast-moving market, our frameworks must evolve in step with it,” Mohammed said, noting that the review is being conducted under Section 108 of the Nigerian Communications Act 2003 to ensure tariffs remain cost-reflective and non-discriminatory.
KPMG noted the study would combine data analysis, stakeholder consultation, and international benchmarking to inform a revised pricing framework.
Partner and Head of Tax, Wole Obayomi, said that regulatory and people services at the firm that the exercise was designed to identify gaps in the existing regime and test whether a structured review cycle is required.
The process, he said, depends on industry input. “It is important that we get input from the industry in terms of potential solutions and recommendations to address the shortfalls,” he said.
Under the review, the NCC and KPMG will examine pricing practices across wholesale and retail segments and assess whether emerging services are adequately captured under existing regulatory definitions.
The sector’s evolution over the past decade has introduced new business models that are not fully reflected in current rules.
The study will also assess the sustainability of prevailing tariff structures, with attention to investment capacity, service quality, and consumer affordability.
Operators, the consultants noted, apply varying pricing models within regulatory limits, making it necessary to examine how these structures function in practice.
As part of the process, the NCC will require operators to submit detailed financial and operational data covering revenue, costs, profitability, market share, capital expenditure, service quality, and usage trends over multiple years.
KPMG said the dataset is intended to provide a clearer view of industry trends and the cumulative impact of existing pricing rules.
The engagement will include bilateral technical sessions with mobile network operators, mobile virtual network operators, international carriers, clearing houses, and interconnect exchange providers.
Industry participants are expected to involve finance, technical, and commercial teams in the discussions.
The NCC and KPMG will also benchmark Nigeria’s framework against peer markets, including South Africa and Kenya, alongside emerging economies such as Indonesia and Malaysia.
The selection, consultants said, reflects similarities in macroeconomic conditions and regulatory responses to sector development.
Findings from the benchmarking exercise are expected to inform recommendations for a revised pricing regime aligned with both domestic conditions and international practice.
The commission said the review is intended to support a pricing framework that is transparent, competitive, and capable of sustaining investment in network infrastructure and service quality.
NCC Director of Public Affairs Nnenna Ukoha said the exercise cuts across the entire telecom value chain, from operators to consumers and investors.
She said termination rates remain central to pricing dynamics, competition, and service outcomes.
Ukoha said the commission would integrate stakeholder feedback under its co-creation regulatory approach.
She urged operators to comply with timelines for data submission, noting that the process would only be effective with timely and accurate input.
News
Soludo backs Tinubu, urges Igbos to shun “politics of lamentation”
The Governor of Anambra State, Prof. Chukwuma Soludo, has declared his strong support for the leadership of President Bola Ahmed Tinubu, urging Ndigbo to move from an alliance of protests to an alliance for progress.
Speaking during a grand endorsement rally for President Tinubu in Abakaliki, Ebonyi State, yesterday, Soludo emphasised the growing synergy between progressive forces across Nigeria, describing his attendance as a “solidarity visit” and a resounding display of inter-party cooperation, progressivism and national unity.
Standing alongside his host, the Governor of Ebonyi State, whom he affectionately recognised as “my own brother,” Governor Soludo affirmed his commitment to the collaborative governance currently shaping the nation.
“I am here on a solidarity march with my own brother, the Rt. Hon. Governor of Ebonyi State, who, by the grace of God, is governor until 2031,” he remarked to applause.
Governor Soludo, representing the All Progressives Grand Alliance (APGA), underpinned the necessity of moving beyond traditional political silos to secure the nation’s future.
“I am here in solidarity with you because today, you are endorsing the President and Commander-in-Chief of Nigeria, Asiwaju Bola Ahmed Tinubu, GCFR,” he stated. “I have come in solidarity because progressives are working together. It is time for progressives to unite.”
Addressing the current economic and social climate, the governor acknowledged the presence of national challenges but expressed optimism in the current administration’s efforts to address them. He signalled that his own party, APGA, would soon convene to formalise its position, with the ultimate goal of consolidating a national progressive front to ensure the continuity of the foundational structures being laid by President Tinubu.
In a poignant message to his fellow Ndigbo, Governor Soludo made a compelling argument for a shift in political strategy. He urged the region to move away from historical patterns of grievance-based politics towards a future defined by pragmatic partnership.
“I say to ụmụ nne m ndị Igbo, ENOUGH of the politics of lamentation,” Governor Soludo declared. “We must now move from the alliance of protest to the alliance for progress—an alliance and partnership for prosperity for Ndigbo. We must now unite as Ndigbo; we must not waste our votes again,” he stated.
News
150 terrorists convicted in 48 hours, says AGF
The Federal Government has secured approximately 150 convictions within the first two days of its latest phase of mass terrorism trials, Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), disclosed on Tuesday.
Fagbemi made the disclosure while speaking with journalists at the Federal High Court in Abuja, where the trials are being conducted simultaneously before 10 judges of the court.
The AGF said the current phase, which commenced on Monday, had already recorded about 160 trials leading to roughly 150 convictions on its first day alone.
“Yesterday, we had about 160 trials. I think about 150 convictions,” Fagbemi told reporters.
He added that proceedings on Tuesday brought approximately 300 cases before the courts, with another 84 cases expected to be concluded before the close of the day.
“Whatever we can do, or wherever we stop today, we’ll continue tomorrow and also on Thursday. So it’s still ongoing,” the minister said.
Fagbemi appealed for patience from members of the public as the exercise continued, stressing that the initiative reflected the government’s commitment to justice, accountability and the rule of law.
On Monday, the AGF had said the ongoing phase marked the fourth round of mass terrorism trials conducted since the inception of the current administration, describing the exercise as a clear signal that the government would not tolerate terrorism in any form.
“The message is clear, direct and straightforward. It is that the present administration is not taking the issue of terrorism with levity. And that is why you see ongoing trials.
“Since the inception of this administration, this is about the fourth phase that we are undertaking. So the message is that let everybody know that terrorism in whatever form or shape will not be tolerated,” Fagbemi added.
The prosecution is being led by the AGF himself, while the Director-General of the Legal Aid Council, Aliyu Abubakar, heads the defence team.
Among the judges handling the cases are Justices Binta Nyako, Emeka Nwite, Musa Liman, James Omotosho, Obiora Egwuatu and Ekerete Akpan, with proceedings taking place across several courtrooms simultaneously.
The current phase of trials is expected to run through Thursday, with the overall exercise scheduled to last one week.
The latest phase follows a previous round conducted between April 7 and April 10, during which no fewer than 500 alleged terrorists were tried before the Federal High Court sitting in Abuja.
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