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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.

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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.

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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.

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“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.

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“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.

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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.

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“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.

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“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.

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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.

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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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Police arrest suspected bandit, recover ammunition in Kano

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The Kano State Police Command has arrested a 28-year-old suspected bandit and recovered an AK-47 magazine, 109 rounds of live ammunition, suspected military uniforms and other incriminating items during an operation in Bichi Local Government Area of the state.

In a statement by the Police Public Relations Officer, CSP Abdullahi Haruna Kiyawa, the arrest was made by operatives of the Bichi Divisional Police Headquarters following credible intelligence provided by a member of the public regarding a man allegedly wearing a suspected military uniform at Rimaye Village in Bichi LGA.

According to the statement, the police team, working in collaboration with members of the Rimawa Community, intercepted the suspect, identified as Mohammed Isah Haruna of Dan Dinshe Yamma Quarters in Dala Local Government Area.

A search of his bag led to the recovery of one AK-47 magazine loaded with 30 rounds of live ammunition, an additional 79 rounds of AK-47 ammunition, two sets of suspected military uniforms, three military caps, a suspected fake military identity card, personal identification documents, four ATM cards and a pair of desert boots.

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The command said the suspect confessed during interrogation that he was in the area to deliver the recovered items to bandits operating in nearby forests. It added that the suspect is currently in police custody while investigations have commenced to apprehend other members of the criminal network before the case is charged to court.

The Commissioner of Police in Kano State, CP Ibrahim Adamu Bakori, commended the vigilance of the Rimawa Community for promptly alerting the police, describing the arrest as another demonstration of the importance of community participation in combating crime.

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Court stops FG from retiring education directors before 65

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The National Industrial Court of Nigeria has voided the Federal Government’s policy requiring education directors to retire after spending eight years in office, ruling that teachers and education officers who become directors are entitled to remain in service until they attain 65 years of age or complete 40 years of pensionable service.

Delivering judgment in Abuja on July 10, 2026, Justice O. Y. Anuwe nullified circulars issued by the Office of the Head of the Civil Service of the Federation and the Federal Ministry of Education seeking to enforce the eight-year tenure rule against teachers and education officers serving as directors.

According to the CTC obtained by our correspondent on Tuesday, the court held that the circulars were inconsistent with the provisions of the Harmonised Retirement Age for Teachers in Nigeria Act, 2022, and were therefore invalid to the extent that they applied to teachers and education officers.

“A teacher or education officer, whether he or she got to the post of director or not, is entitled to retire from service on attaining 65 years of age or 40 years of service,” Justice Anuwe held.

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The judge added that serving as a director for eight years “is not a retirement condition for teachers any longer.”

The suit, marked NICN/ABJ/79/2025, was instituted by Mrs Rakiya Gambo Iliyasu, a Grade Level 17 director in the University Education Department of the Federal Ministry of Education, who challenged directives requiring directors who had spent eight years in office to retire.

Iliyasu argued that as an education officer, she qualified as a teacher under the Harmonised Retirement Age for Teachers in Nigeria Act, 2022, which guarantees compulsory retirement only at the age of 65 years or after 40 years of pensionable service.

She contended that the February 2026 circulars issued by the Head of the Civil Service of the Federation and the Federal Ministry of Education unlawfully sought to compel her and other education directors to retire before reaching the statutory retirement age.

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Agreeing with the claimant, Justice Anuwe held that Section 3 of the Teachers’ Retirement Age Act expressly exempts teachers from any Public Service Rule requiring retirement before the age of 65 years or 40 years of pensionable service.

The judge also relied on the Act’s definition of a teacher, which expressly includes education officers, holding that the claimant fell squarely within the category of officers protected by the law.

The court further observed that the Office of the Head of the Civil Service of the Federation had, in an earlier 2025 correspondence, acknowledged that education officers covered by the Act were exempt from the eight-year tenure policy, making the government’s subsequent issuance of retirement directives inconsistent with its earlier position.

Consequently, the court declared the February 10, 2026, circular issued by the Head of the Civil Service of the Federation and the February 24 and February 26, 2026, circulars issued by the Federal Ministry of Education illegal, null and void insofar as they applied to teachers and education officers.

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Justice Anuwe also set aside the three circulars and granted a perpetual injunction restraining the Federal Government and the Ministry of Education from implementing the eight-year tenure policy against teachers and education officers in a manner inconsistent with the Harmonised Retirement Age for Teachers in Nigeria Act.

Each party was ordered to bear its own costs.

The dispute arose after the Office of the Head of the Civil Service of the Federation and the Federal Ministry of Education issued circulars in February 2026 directing that directors who had spent eight years in office should retire in line with Rule 020909 of the Public Service Rules.

The directives affected several directors in the Federal Ministry of Education who are career education officers, despite the enactment of the Harmonised Retirement Age for Teachers in Nigeria Act, 2022, which extended the retirement age of teachers in public educational institutions to 65 years or 40 years of pensionable service.

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The 2022 Act was signed into law to address the shortage of experienced teachers, improve retention of skilled education personnel and strengthen the quality of teaching and learning in Nigeria.

It also broadened the definition of teachers to include education officers, a provision that became central to the legal dispute.

The judgment is expected to have significant implications for director-level education officers across the Federal Ministry of Education and other education-related federal agencies, as it clarifies that the provisions of the Teachers’ Retirement Age Act override the eight-year tenure rule in the Public Service Rules for officers protected under the law.

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NANS declares emergency on dilapidated hostels

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The newly inaugurated President of the National Association of Nigerian Students, NANS, Akinteye Babatunde Afeez, on Tuesday declared a state of emergency on the worsening condition of students’ hostels across Nigeria’s tertiary institutions, describing the facilities as unfit for human habitation and a major threat to learning.

Speaking at his inauguration in Abuja, Afeez painted a grim picture of accommodation in universities, polytechnics and colleges of education, accusing authorities of neglecting hostel infrastructure while millions of students are forced to live in unsafe, overcrowded and unhealthy environments.

He warned that the continued deterioration of hostel facilities could no longer be tolerated, insisting that students’ welfare, safety and dignity would become the defining focus of his administration.

“The state of students’ hostels across our tertiary institutions is pathetically disheartening. Many hostels are in a deplorable and dilapidated condition, and they continue to deteriorate with little or no attention from the relevant authorities,” he said.

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Lamenting poor sanitation, inadequate facilities and exposure to environmental hazards, the NANS president declared: “I hereby declare a state of emergency on students’ hostels across tertiary institutions in Nigeria. The welfare, safety and dignity of Nigerian students can no longer be compromised.”

Beyond accommodation, Afeez promised to transform NANS into a more proactive pressure group capable of compelling government institutions to respond to students’ concerns.

He said the era of symbolic activism was over, stressing that the association would focus on advocacy, accountability and measurable outcomes.

“NANS must return to being the true voice of every Nigerian student,not just in words but in action. You deserve an association that is fearless in advocating for you, pragmatic and transparent in its actions, and consistent in delivering results,” he stated.

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Highlighting achievements recorded within his first 50 days in office, Afeez said the association had intervened in the rescue efforts involving abducted students and teachers in Orire Local Government Area of Oyo State and facilitated the reinstatement of suspended students at the Ladoke Akintola University of Technology ,LAUTECH, and the Federal University Oye-Ekiti ,FUOYE.

He also disclosed that NANS had constituted monitoring committees to track interventions by the Tertiary Education Trust Fund ,TETFund, Niger Delta Development Commission ,NDDC, North East Development Commission ,NEDC,and the Industrial Training Fund ,ITF, with the aim of ensuring that students fully benefit from government programmes.

On the Nigerian Education Loan Fund (NELFUND), Afeez said the association would closely monitor implementation of the student loan scheme and confront challenges affecting beneficiaries.

He announced that payment of students’ upkeep allowances would begin within the week and revealed that NANS had published a list of institutions allegedly withholding refunds due to students despite receiving NELFUND disbursements.

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The student leader also unveiled plans to mobilise students ahead of the next general elections, saying NANS would spearhead a nationwide campaign for Permanent Voter Card (PVC) registration to increase youth participation in governance.

“As Nigerian students, and with NANS as our umbrella body, we constitute a large percentage of the nation’s population. We must be actively involved in determining who governs us,” he said.

He further pledged to pursue stronger partnerships aimed at expanding access to scholarships, employment opportunities, telecommunications support and quality education while preparing Nigerian students to compete in a technology-driven global economy.

Representing the Minister of Education, Dr Tunji Alausa, the Director of Polytechnic and Allied Institutions, Mrs Amy Igwe, urged the new NANS leadership to promote peace, unity and responsible engagement in advancing students’ interests.

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She said the Federal Ministry of Education regarded NANS as a strategic partner in the development of the country’s education sector and advised the new executives to embrace dialogue in resolving challenges.

“The Ministry of Education recognises NANS as a critical stakeholder and partner in the development of our education sector. I charge you to lead with vision, unity, responsibility and patriotism,” the minister said.

In a keynote address, the Vice-Chancellor of Olusegun Agagu University of Science and Technology, Okitipupa, Prof. Temi Ologunorisa, challenged the new leadership to champion accountability, innovation, security and students’ welfare.

He urged NANS to monitor the implementation of government intervention programmes to ensure no student was denied access to available support and called on the association to launch a national innovation initiative within its first 100 days in office.

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Goodwill messages were also delivered by the Minister of Interior, Olubunmi Tunji-Ojo; the Minister of Youth Development, Ayodele Olawande; Managing Director of NELFUND, Akintunde Sawyerr; and the Senior Special Assistant to the President on Students’ Engagement, Sunday Asefon.

They congratulated Afeez on his emergence and pledged continued collaboration with NANS in advancing students’ welfare, empowerment and youth development across the country.

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