Constitutional Amendments and Democratic Consolidation in Nigeria: A Professional Examination of the 2023 Constitutional Amendment Process

📖 ABSTRACT/OVERVIEW

Constitutional amendments in Nigeria require the concurrence of two-thirds of the National Assembly and approval by at least 24 state houses of assembly, a demanding threshold designed to protect constitutional stability from transient political majorities. The 2023 constitutional amendment process, which produced amendments on local government autonomy, creation of additional courts, and electoral reforms, provides a timely case study for professionally examining the adequacy of Nigeria's constitutional amendment procedure and its capacity to deliver democratic consolidation. This study professionally examines the 2023 constitutional amendment process, evaluating the legal framework governing amendments under Section 9 of the 1999 Constitution, the substantive amendments enacted, and the extent to which the process conformed to constitutional requirements and democratic norms. A doctrinal and institutional methodology is applied, reviewing Section 9 of the 1999 Constitution, National Assembly committee reports on constitutional review, the texts of the 2023 amendments, and civil society evaluation reports from the Nigerian Bar Association and International IDEA. The study evaluates compliance with procedural requirements, transparency of the amendment process, and the constitutional significance of each amendment. Available constitutional law literature identifies the exclusion of civil society from meaningful pre-amendment consultation and the selective nature of amendments that bypass structural federalism reforms as the most professionally significant concerns. The Constitutional Design Theory and Comparative Constitutional Amendment Doctrine provide the analytical framework. Recommendations address mandatory public consultation requirements in the amendment process. Keywords: constitutional amendment, democratic consolidation, 1999 Constitution, Nigeria, constitutional reform.

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Departments# Public Law