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Why Nigeria’s constitution needs urgent amendments – SAN

Robert Imoh by Robert Imoh
May 29, 2025
in News, Politics
0

 A Senior Advocate of Nigeria (SAN), Olumuyiwa Akinboro, says Nigerian constitutional amendments must be pursued to guarantee fiscal autonomy for true federalism to be realised in the country

Akinboro made the remarks on Thursday while delivering a keynote address at 2025 Law Week of the Nigerian Bar Association (NBA), Osogbo branch.

Freedomonline  reports that he spoke on the topic “State and Local Governments’ Independence under the Constitution of the Federal Republic of Nigeria 1999 (as Amended): A Myth or Reality”.

The SAN said such amendments must guarantee decentralised judicial and security structures, while state and local governments must also be empowered to function effectively and independently.

Akinboro, a former NBA General-Secretary, said federalism practiced today was greatly shaped by colonial and military antecedents, which were both characterised by their unitary and dictatorial leanings.

“For true federalism to be realised in Nigeria, constitutional amendments must be pursued to guarantee fiscal autonomy, decentralise judicial and security structures, and empower state and local governments to function effectively and independently.

“Federalism is not a constitutional provision alone; it is a culture, a practice, and a commitment.

“If Nigeria is to truly reap the benefits of its diversity and democratic potential, it must recommit to the tenets of true federalism.

“The independence of state and local governments is not a luxury, it is a necessity. Until then, the federalism we claim remains largely a constitutional myth, not a governing reality.

“Until such structural reforms are actualised, the supposed federal character of Nigeria will remain largely ceremonial, and the promise of genuine democratic governance at the sub-national level will remain elusive,” he said

In his remarks, Mr Olayemi Abiona, the NBA Chairman in the state, said that the discourse was timely and pivotal.

“As legal practitioners and stakeholders in the country’s governance framework, we are confronted with enduring questions about the autonomy of sub national governments under the 1999 Constitution (as amended).

“The tension between federal dominance and the quest for true federalism, the fiscal constraints on states and local governments, and the practical realities of governance in Nigeria demand our rigorous examination.

“Is the constitutional promise of independence for states and local governments a tangible reality, or does it remain an elusive myth?

“This lecture challenges us to dissect these issues with clarity, courage, and a commitment to advancing Nigeria’s democratic ideals,” he said.

Also, Gov. Ademola Adeleke of Osun, commended NBA for organising the programme and the chosen topic of discourse.

Adeleke, represented by the state Commissioner for Information and Civic Orientation, Kolapo Alimi, said that local governments in the country could not be truly or totally independent of the state

“There is no true or total independence due to the financial commitment of both tiers of government in paying salaries and pension for local government workers and teachers,” he said.

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