The Immediate past Chairman of the Oyo State Independent Electoral Commission (OYSIEC), Aare Abiola Isiaka Olagunju (SAN), has joined calls for a comprehensive constitutional overhaul, saying Nigeria’s 1999 Constitution is a “militarised document” that does not represent the will of the people.
Speaking in an exclusive interview with PrimeStar News on Nigeria’s constitutional structure, Olagunju described the continuous amendment of the 1999 Constitution by the National Assembly as a futile exercise, insisting that the country needs a “truly homegrown constitution” crafted by Nigerians themselves.
In the interview to be fully published on Monday, October 10, 2025, on PrimeStar YouTube Channel and PrimeStarNews, an online newspaper, Olagunju stated, “I oppose the constant amendment of our Constitution. The constitution we keep amending is a militarised document. What we need is a truly homegrown constitution – one prepared by the people of Nigeria”.
The Senior Advocate questioned the authenticity of the current document, noting that the preamble which begins with “We, the people of Nigeria” is misleading since, according to him, “Nigerians never sat anywhere to agree on it.”
He explained that the 1999 Constitution, handed down by the military, lacks legitimacy and popular consent, which is why agitations continue to grow across different regions of the country.
“Until we have a sovereign constitution that reflects how Nigerians truly wish to be governed, we can’t claim to have a people-based constitution. It is only a matter of time; Nigeria will eventually have a truly homegrown constitution”, he noted.
On the reforms he expects in such a constitution, Olagunju advocated for true democracy and genuine federalism, arguing that the current federal structure is a mere façade.
“What we have today is not a genuine federation. For instance, civil servants’ salaries shouldn’t be uniform across the states; they should reflect each state’s economic capacity. Lagos State has more resources than Zamfara State, so it is illogical for both to pay the same salary”, he explained.
He further called for a significant devolution of powers from the federal government to the states to allow them operate autonomously.
Olagunju proposed that Nigeria should revisit and adapt the 1963 Constitution, which, according to him, was the most homegrown legal framework the country ever had.
“The 1963 Constitution is homegrown, and I believe it should be amended and adopted. I strongly believe in resource control. Each state and its communities should control their resources, while remitting an agreed percentage to the federal government”, he stated.
He emphasised that communities must have ownership of resources found within their territories.
“If there is a resource from Isale Osi, my father’s compound, I should have control over it. The state can then ask me to remit a certain percentage of the proceeds, not the other way round,” he added.
The former OYSIEC chairman also made a strong case for state policing, describing it as a practical step toward improving internal security.
He stated, “State police will help reduce crime. You can’t bring someone from Imo State to serve as DPO in Oyo State. Let there be state police”, recalling how the local constabulary system worked effectively in the past.
When asked if his idea of true federalism aligns with regional government or the American-style federation, Olagunju said the focus should not be on the label but on achieving a truly participatory and people-oriented structure.
“The key point is that we need a homegrown constitution. We must sit and have an honest national dialogue. Whether we agree on regionalism or state autonomy, what matters is that power and control must be properly structured,” he maintained.
He concluded that Nigeria must confront its structural imbalance with sincerity, stressing that the federal government’s over-centralisation of authority, such as issuing licences for mineral resources found in states, undermines true federalism.
“It shouldn’t be the business of the federal government to issue licences for gold discovered in Oyo State. The community and the state should have that authority while paying an agreed percentage to the centre,” Olagunju said.
“We must, as a nation, address these issues sincerely if we truly desire progress.”
