Nigeria's Mandate Referendum: A Path to New Constitution

The article addresses the constitutional and legal considerations surrounding the proposal for a mandate referendum in Nigeria, focusing on the authority of the National Assembly to amend the constitution. It argues that Section 14(2) of the Constitution recognizes that sovereignty belongs to the people, which necessitates a referendum to determine their will regarding the replacement of the 1999 Constitution.

The Supreme Court's ruling in the case of Abia State v. Federal Government is cited, indicating that the Constitution cannot be amended in a way that disregards the people's sovereignty.

The proposed Mandate Referendum Act aims to establish a framework for conducting a referendum, requiring a two-stage process and the involvement of the Independent National Electoral Commission (INEC). The article suggests that the National Assembly should validly pass the Mandate Referendum Act by 2026-2027, allowing for a referendum within 120 days, ideally coinciding with the next general elections in 2023.

The current administration under President Bola Ahmed Tinubu is mentioned in relation to the agenda for constitutional reform.