Claims That Military Wrote 1999 Constitution False, Gen. Abdulsalami Insists

Former Head of State, General Abdulsalami Abubakar (retd.), has debunked the widespread claim that Nigeria’s 1999 Constitution was drafted by the military, insisting that the document was largely a product of the civilian-authored 1979 Constitution.

According to the former military ruler, about 95 per cent of the 1999 Constitution was adopted from the 1979 Constitution, which he said was prepared by a committee of 49 distinguished civilian legal experts without the involvement of any military officer.

Abdulsalami made the disclosure in his autobiography, “Call of Duty”, unveiled in Abuja during activities marking his 84th birthday last weekend.

He explained that his administration did not set up a committee to draft a new constitution but rather established the Constitution Debate Coordinating Committee (CDCC), headed by the late Justice Niki Tobi, to coordinate nationwide discussions on General Sani Abacha’s 1995 Draft Constitution.

“At the inauguration of the committee, I raised several contentious issues in the 1995 draft and asked members to generate fresh ideas. Their assignment was not to write a new constitution but to coordinate public debate on the draft. Claims that the committee drafted the 1999 Constitution are completely false,” he stated.

Abdulsalami revealed that the committee received 405 memoranda from individuals and groups across Nigeria and in the diaspora, including submissions from Nigerians in the United States. According to him, the overwhelming majority rejected the 1995 draft, popularly associated with the late General Abacha, and instead advocated a return to the 1979 Constitution with necessary amendments.

Quoting the committee’s report, Abdulsalami said Justice Tobi informed the Provisional Ruling Council (PRC) that Nigerians overwhelmingly preferred the 1979 Constitution as the foundation for the country’s democratic transition.

The former Head of State admitted that reverting to the 1979 Constitution had not initially occurred to him but described the recommendation as a welcome development that helped avert a potential political crisis and accelerated the transition to civilian rule.

He noted that adopting the controversial 1995 draft would have faced stiff resistance, particularly from the Afenifere and NADECO groups, which strongly opposed the Abacha regime.

“I found the option attractive because it was a well-debated document and provided the quickest route to completing the transition programme,” he wrote.

Abdulsalami also expressed surprise that many politicians who now criticise the 1999 Constitution had participated in drafting and operating under the 1979 Constitution.

“It is ironic that many of those attacking the 1999 Constitution today participated in debates over the 1979 Constitution and even contested elections under it. They embraced it then but now describe its replica as the worst legal document ever,” he observed.

Addressing allegations that the military authored the constitution, Abdulsalami maintained that both the 1979 Constitution and the 1995 Draft Constitution, from which the 1999 Constitution drew heavily, were prepared by eminent civilians despite being produced under military administrations.

He traced the origin of the 1979 Constitution to the Constitutional Drafting Committee established by General Murtala Muhammed in 1975 and chaired by renowned senior lawyer, late Chief F.R.A. Williams.

According to him, the committee originally had 50 members, but Chief Obafemi Awolowo declined participation because he intended to contest elections in the Second Republic, reducing its membership to 49.

The former Head of State explained that the committee studied constitutions from different parts of the world before submitting its draft in 1976, after which a 230-member Constituent Assembly headed by Justice Udo Udoma reviewed it clause by clause.

He pointed out that only 20 members of the assembly were appointed by the military government and that none of them were soldiers or serving military officers, while the remaining members emerged through an electoral representation formula.

Abdulsalami further dismissed criticisms over the inclusion of the Land Use Act and the National Youth Service Corps Act in the Constitution, arguing that retaining the laws did not invalidate the entire constitutional framework.

He also rejected arguments that the 1999 Constitution lacked legitimacy because it was never subjected to a referendum, noting that previous Nigerian constitutions, including the widely acclaimed 1979 Constitution, were similarly not put to a popular vote.

The retired General recalled signing Decree No. 24 of 1999 on May 5, 1999, to promulgate the Constitution, which came into effect on May 29, 1999, ushering in the Fourth Republic.

He added that while the Constitution preserved the presidential system and federal structure of the Second Republic, it also introduced the 13 per cent derivation principle for oil-producing states as a measure to address longstanding concerns over the neglect of the Niger Delta region.

Emphasising that no constitution is flawless, Abdulsalami described constitutional development as an evolving process.

“A constitution is a living document. It is subject to amendments and improvements. Even the United States Constitution has undergone numerous amendments over the years, while Nigeria’s 1999 Constitution has already been amended several times. There is no perfect constitution anywhere in the world,” he stated.