Dr. Kayode Fayemi, former Governor of Ekiti State and ex-Chairman of the Nigerian Governors Forum, has expressed strong support for the idea of a referendum as the most effective way to establish a genuine people’s constitution in Nigeria. In a recent interview, Fayemi discussed the ongoing debate about constitutional reform, highlighting the importance of public involvement in the process to ensure that any new constitution truly represents the will of the Nigerian people.
Fayemi, who has also served as Nigeria’s Minister of Mines and Steel Development, responded to the recent visit of a group known as “The Patriots” to President Bola Tinubu. This group, which includes prominent Nigerians, is pushing for the creation of a constituent assembly and the drafting of a new constitution. According to Fayemi, the demand for a people-driven constitution is not new and has been a persistent issue since Nigeria’s return to democratic rule in 1999.
Reflecting on the history of Nigeria’s constitutional development, Fayemi noted that the 1999 Constitution, which currently governs the country, was introduced without any input from the Nigerian people. He pointed out that, despite being labeled as a document from “we the people,” the constitution was never subjected to public scrutiny or approval before its adoption. This lack of public involvement, Fayemi argued, has fueled ongoing calls for a constitution that genuinely reflects the aspirations of Nigerians.
Fayemi recalled his involvement in the push for constitutional reform, dating back to 1999 when he was a civil society leader. As a founding member of the Citizens’ Forum for Constitutional Reform, Fayemi worked with other activists and organizations to develop alternative proposals for Nigeria’s constitution. These efforts, he said, were part of a broader campaign to ensure that the Nigerian constitution was not just a legal document but one that had legitimacy in the eyes of the people.
Over the years, several Nigerian administrations have attempted to address the demand for constitutional reform. Fayemi mentioned that both the Olusegun Obasanjo and Goodluck Jonathan governments organized constitutional conferences in 2005 and 2014, respectively, to discuss and propose changes.
Additionally, within his own political party, the All Progressives Congress (APC), a committee was established in 2016 under the leadership of Mallam Nasir El-Rufai to explore the idea of true federalism. This committee produced a report that provided valuable insights into how the Nigerian constitution could be reformed to better serve the country.
Fayemi acknowledged that while there have been many initiatives aimed at constitutional reform, none have fully addressed the gap between legality and legitimacy. He emphasized that for any constitution to be truly effective and accepted by the people, it must be rooted in their collective will. This, he argued, can only be achieved through a referendum where the public is given the opportunity to vote on the proposed constitution.
He expressed his alignment with The Patriots’ suggestion to the President, which includes addressing the shortcomings of the current amendment provisions in the 1999 Constitution. Fayemi recommended that President Tinubu consider submitting an executive bill to the National Assembly (NASS) that synthesizes the recommendations from previous constitutional review processes, including those from 2005, 2014, and the APC’s 2016 report. This bill, he suggested, should then be subject to ratification by state legislative assemblies, in accordance with the two-thirds principle, and ultimately put to a public referendum.
Fayemi acknowledged the risks associated with holding a referendum, noting that in other countries, external factors have sometimes influenced the outcomes of such votes. However, he maintained that despite these risks, a referendum remains the best way to ensure that the constitution reflects the genuine desires of the Nigerian people.
He argued that a constitution produced through a referendum would not only carry the legal weight needed to govern effectively but would also have the legitimacy required to unify the country and strengthen its democracy. According to Fayemi, Nigeria’s democracy is fragile and troubled, and the adoption of a people’s constitution could help to stabilize and deepen it.
