You can’t create new states upon a flawed 1999 constitution — ASITU warns NASS

….Demands sovereign national conference

Following the recent public hearings on the amendment of the 1999 Constitution organized by the National Assembly across the country, the Association of Igbo Town Unions (ASITU), has vehemently rejected the proposed creation of multiple new states in Nigeria.

The group in a statement issued by it’s National President, Chief Emeka Diwe, which a copy was made available to Diaspora Digital Media on Tuesday, argued that the constitution upon which these efforts (creation of new states) are being made is fundamentally flawed.

It said the 1999 Constitution is not a people’s document, adding that it is a legal fraud foisted on the people by a departing military junta in 1998, without the consent, consultation, or participation of the Nigerian people.

“The Association of Igbo Town Unions (ASITU), the voice of grassroots governance in Igboland, has followed closely the recent public hearings on the amendment of the 1999 Constitution organized by the National Assembly across the country. While we acknowledge the right of Nigerians to seek a better framework for national coexistence, we must, however, state unequivocally that the foundation upon which these efforts are being made is fundamentally flawed.

“The 1999 Constitution is not a people’s document. It is, in every respect, a legal fraud foisted on us by a departing military junta in 1998, without the consent, consultation, or participation of the Nigerian people. Any attempt to amend this document without first addressing its legitimacy is akin to building a house on sinking sand.

“In its opening declaration, the 1999 Constitution claims it was enacted by “We the People.” This is a blatant lie. The Nigerian people never debated, reviewed, or adopted this Constitution. What we inherited on May 29, 1999, was an imposition: a product of military fiat drafted by a small committee handpicked by an authoritarian regime”, the statement partly reads.

Speaking further in the state, Chief Diwe noted that this unconstitutional foundation makes every amendment, no matter how noble, a patchwork on an illegitimate document.

He added: “This unconstitutional foundation makes every amendment, no matter how noble, a patchwork on an illegitimate document. What Nigeria needs is not another round of constitutional amendments, but a genuine Sovereign National Conference where ethnic nationalities can freely deliberate and agree on the basis of their union.

“The notion of a constitution, in every civilized society, is that it emerges from the people. It is not the will of rulers, but the codification of a people’s collective decision on how they wish to live together, be governed, and relate with one another. This is how it works in true federal systems like the United States, where the Constitution was the outcome of the 1787 Philadelphia Convention; an assembly of delegates from the original thirteen colonies, who freely debated and ratified their union. Likewise, in Switzerland, a multi-ethnic nation, the constitution was the result of negotiated agreements that allowed the cantons; each with unique languages, religions, and cultures, to coexist peacefully. These are examples Nigeria must study.

“Sadly, instead of embracing this path of popular sovereignty and negotiated union, what we now see is a misplaced enthusiasm for the creation of more states. The clamour for over thirty new states, as revealed during the public hearings, is deeply troubling. It betrays a failure to understand the true roots of Nigeria’s crisis. With over 36 states already in existence, and fewer than three of them economically viable without the monthly allocations from the Federation Account, the pursuit of additional states is akin to multiplying liabilities under a broken system. More states will not bring development; instead, they will deepen our fiscal distress and bureaucratic inefficiencies.

“Nigeria once had regions that enjoyed significant autonomy and controlled their resources. The Western Region, under Chief Obafemi Awolowo, introduced free education and built Africa’s first television station. The Eastern Region, under Dr. Michael Okpara, was the fastest-growing economy in the Commonwealth. The North was famous for groundnut pyramids. These feats were possible because of true federalism that allowed regions to compete, innovate, and prosper. Since the balkanization into states and the onset of centralized governance, we have seen a steady decline in our quality of life. Nigerians born in the 1960s enjoyed better healthcare, education, and infrastructure than those born in the 1970s. The downward trend continued until we got to the present situation where feeding is a luxury for the vast majority of Nigerians. This is a tragic reversal.

“The irony is that while Nigeria’s leaders parade around the globe, they refuse to emulate the very democratic systems they admire. Countries that have succeeded in managing diversity and development, like Canada, Germany, and India, operate federal systems where subnational units have clear autonomy and powers in key areas like resource generation and allocation, and security. India, despite having over 1.4 billion people and multiple languages and religions, continues to thrive because its states are constitutionally empowered to chart their paths within the union. Nigeria must learn from these best practices, not continue to recycle colonial centralism and overhang in a post-colonial nation.”

However, Chief Diwe concluded by saying that the only path to a stable, prosperous, and united Nigeria is through a Sovereign National Conference.

He said this conference must bring together representatives of all ethnic nationalities, not appointees of government, to deliberate on whether and how they want to remain in the Nigeria union.

“ASITU firmly believes that the only path to a stable, prosperous, and united Nigeria is through a Sovereign National Conference. This conference must bring together representatives of all ethnic nationalities, not appointees of government, to deliberate on whether and how they want to remain in a union. This gathering must be empowered to agree on the terms of coexistence and draft a new Constitution that will truly reflect the will of the Nigerian people. Anything short of this will only recycle the dysfunctions we have lived with for decades.

“We call on all well-meaning Nigerians, civil society groups, ethnic organizations, religious institutions, and the international community to lend their voices to this urgent call for a re-founding of Nigeria. A mere amendment of a document born in deception will not salvage a nation sinking in contradictions. Only a people-driven constitution, birthed in truth and consent, can pave the way for peace, justice, and equitable development in Nigeria.

“ASITU remains committed to the unity of Nigeria, but not at the expense of justice, truth, and mutual respect among its diverse peoples. We will continue to push for a Nigeria that works for everyone: a Nigeria that begins with the people and is owned by the people”, the statement concluded.

For Diaspora Digital Media Updates click on Whatsapp, or Telegram. For eyewitness accounts/ reports/ articles, write to: citizenreports@diasporadigitalmedia.com. Follow us on X (Fomerly Twitter) or Facebook