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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.”
The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has arrested Prof. Bello Abubakar, personal physician to former Kaduna State governor Nasir El-Rufai, over alleged abuse of a court-approved medical visit.
The commission’s spokesperson, John Odey, announced this in a statement on Tuesday in Abuja.
Mr Odey said Mr El-Rufai’s personal physician was arrested for allegedly making false statements in connection with a court-approved medical visit.
He said the visit was granted to Mr El-Rufai at the private wing of the National Hospital, Abuja, with the understanding that he was to receive medical attention.
”However, photos later posted online by a political associate, Isa Kudan, showed El-Rufai meeting with Prof. Abubakar and others at the same time.”
He said this indicated the medical visit was used for activities outside the scope approved by the court, which the ICPC described as an abuse of its goodwill and a violation of the court order.
He explained that the Kaduna State High Court had fixed July 6, 7 and 8 for accelerated hearing of criminal charges pending against Mr El-Rufai, who is currently in the commission’s custody.
”However, on the first day of the hearing, the former governor did not appear before the court.
”The prosecution told the court that El-Rufai refused to be conveyed, insisting he wanted to see his personal doctor.
”The prosecution further stated that no prior request for medical consultation was made to the Commission. When asked by the ICPC medical doctor, El-Rufai reportedly said he had no immediate complaint,” he said.
He allegedly said his wife, Asia El-Rufai, who is also one of his lawyers, requested that he see Mr Abubakar, his personal physician.
According to him, following arguments by counsel, the court adjourned proceedings to July 15.
”The adjournment was to hear an application for the trial judge’s recusal and to await the chief judge’s directive on a transfer petition.
”In spite of this, the ICPC facilitated the medical visit in compliance with court directives and its obligation to respect the rights and welfare of persons in custody.
“The hospital visit took place on Tuesday, July 7, 2026, at the private wing of the National Hospital, FCT. ICPC’s medical and security team conducted themselves professionally and respected the defendant’s privacy,” he said.
Mr Odey said at the family’s request, the ICPC officers remained outside the consultation room, while the attending oncologist was supposedly examining El-Rufai.
”The commission was later confronted with Facebook photos posted at 2:00 pm by Isa Ashiru Kudan, a political associate of El-Rufai, showing a meeting with the former governor.
”The pictures showed Prof. Abubakar, Isa Kudan and three others with El-Rufai at the same time he was supposed to be having a medical consultation.
”The images indicated the medical visit was used for activities outside the scope approved by the court and the Commission, describing it as a clear violation of the court order,” he said.
While noting that the commission had remained patient, professional and courteous in handling Mr El-Rufai and other suspects, Mr Odey warned that such courtesies had been abused and the commission will no longer tolerate it.
He added that Mr Abubakar had been taken into custody for making false statements and for further investigation.
He said the commission would bring the alleged disobedience to the attention of the court and reiterated its commitment to operating within the law.
(NAN)
The Federal Government has redirected more than 1,440 assets recovered by the Economic and Financial Crimes Commission (EFCC) to the education sector, in a move aimed at transforming proceeds of corruption into investments that enhance teaching and learning across the country.
The assets, comprising 501 double-decker bed frames, 939 mattresses and 12 wooden beds with mattresses, were formally handed over to the Federal Ministry of Education during a restitution ceremony in Abuja.
Speaking at the ceremony, the Minister of Education, Dr Tunji Alausa, said the deployment of recovered assets to the education sector reflects President Bola Tinubu’s determination to ensure that resources reclaimed on behalf of Nigerians are channelled into projects that have a direct impact on citizens, especially children and young people.
Dr Alausa said education remains at the heart of the President’s ambition to build a $1 trillion economy through sustained investment in human capital. He explained that redirecting assets recovered from corrupt practices to schools is part of a deliberate policy to convert the proceeds of crime into opportunities that enhance learning, improve educational outcomes and secure a brighter future for Nigerian students.
The Minister noted that education has emerged as one of the major beneficiaries of the Federal Government’s asset recovery programme. He recalled that President Tinubu had previously approved the conversion of a forfeited university facility into the Federal University of Applied Sciences, Kachia, instead of disposing of the property through sale.
According to him, the institution has already enrolled more than 3,000 students in programmes covering applied sciences, engineering, nursing, health sciences and other strategic fields, thereby expanding access to quality education and equipping young Nigerians with skills required for national development.
Alausa added that the latest tranche of recovered assets would substantially improve student accommodation and welfare in colleges and other educational institutions nationwide.
He also hailed the EFCC Chairman, Ola Olukoyede, for enhancing public confidence in the Commission through professionalism, adherence to the rule of law and sustained efforts to tackle corruption, procurement fraud and cybercrime.
The transfer of the recovered assets was formalised through the signing of a Deed of Release by representatives of the EFCC and the Federal Ministry of Education, including the Ministry’s Permanent Secretary, Abel Enitan.
The recovered assets will be deployed to educational institutions across the country to improve student accommodation and strengthen learning infrastructure.
Alausa assured Nigerians that the recovered assets would be deployed transparently and equitably to Unity Schools across the country where they would directly improve student welfare, strengthen learning infrastructure and support the Federal Government’s commitment to providing accessible, inclusive and quality education for every Nigerian child.
Earlier, the anti-graft Chairman, Olukoyede, said the assets were recovered during Operation Eagle Flush, one of the largest cybercrime operations undertaken by the Commission.
He explained that the operation, conducted towards the end of 2024, led to the arrest of about 792 suspects, including foreign nationals, who were investigated, prosecuted, convicted and repatriated after serving their prison terms.
According to him, the restitution was carried out in line with the provisions of the Proceeds of Crime Act and the Federal Government’s commitment to ensuring that recovered assets are transparently deployed for national development.
Olukoyede said children and young people are among the greatest victims of corruption and financial crimes, making it appropriate that they should also benefit from assets recovered from criminal activities.
The EFCC Chairman also highlighted previous interventions in the education sector, including the transfer of the forfeited university facility that now operates as the Federal University of Applied Sciences, Kachia, and the deployment of recovered proceeds of crime to provide part of the seed funding for the Nigerian Education Loan Fund.
According to him, about 1.4 million students have already benefited from the education loan programme through tuition support and monthly upkeep allowances, easing financial burdens that often expose vulnerable young people to cybercrime and other financial offences.
The Police Service Commission (PSC) has dismissed four senior police officers and imposed various disciplinary sanctions on 31 others over acts of misconduct, reaffirming its commitment to strengthening discipline and accountability within the Nigeria Police Force.
The decisions were taken at the commission’s plenary meeting held at its corporate headquarters in Abuja, according to a statement by the Head of Protocol and Public Relations, Mr Torty Njoku Kalu.
The commission said the four officers were dismissed after they were found guilty of gross misconduct, unprofessional conduct and acts unbecoming of public officers.
“It also approved a range of disciplinary measures affecting several other officers. Ten senior officers were reduced in rank, comprising three Superintendents of Police demoted to Deputy Superintendents of Police, two Deputy Superintendents of Police reduced to Assistant Superintendents of Police, and five Assistant Superintendents of Police demoted to the rank of Inspector. Two other officers were compulsorily retired in the public interest.
“The disciplinary actions also included severe reprimands for 10 officers, reprimands for five officers, warning letters for three officers and a letter of advice to one officer. The commission, however, exonerated seven officers after clearing them of any wrongdoing,” the statement revealed.
Chairman of the Commission, DIG Hashimu Salihu Argungu (rtd), reiterated the board’s zero-tolerance policy towards indiscipline in the Nigeria Police Force.
“The current Board of the PSC under my watch will not condone any form of misconduct by police officers,” DIG Argungu stated.
“The commission will continue to uphold discipline in the Force and match all forms of misconduct with commensurate disciplinary actions. We would also continue to encourage and motivate hard work for deserving officers through our established reward system.”
The commission reaffirmed its commitment to entrenching accountability, professionalism and public trust in the Nigeria Police Force.
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