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Author: Olaitan

Meaning of section 8 (5) of 1999 constitution
What is the Meaning of section 8 subsection five of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 8 (5) of 1999 constitution
Related article
Meaning of section 8 (4) of 1999 constitution
Meaning of section 8 (3) of 1999 constitution
Meaning of section 1 (2) of 1999 constitution

Meaning of section 8 (5) of 1999 constitution
The section 8 subsection 5 of Nigeria 1999 stated that
An Act of the National Assembly passed in accordance with this section shall make consequential provisions with respect to the names and headquarters of State or local government areas as provided in section 3 of this Constitution and in Parts I and II of the First Schedule to this Constitution

Updating Names and Headquarters
When the National Assembly passes a law to create new local government areas or adjust boundaries, the law must also:
Update the names and headquarters of the affected State or local government areas, as required by: Section 3 of the Constitution
Parts I and II of the First Schedule of the Constitution
When changes are made to local government areas, the law must also update the official records to reflect the new names and headquarters of the affected areas This ensures that the Constitution and related documents remain accurate and up-to-date
Think of it like updating a map: when boundaries change, the map needs to be revised to show the new names and locations of the affected areas
Whenever the National Assembly passes a law to change the boundaries of states or local government areas, they must also make sure that the names and headquarters of these new or changed areas are officially updated
Consequential provisions: This means making necessary changes to match the new situation
Section 3 of the Constitution: This part lists the names of all the states in Nigeria
Parts I and II of the First Schedule: These parts detail the boundaries and headquarters of states and local government areas
So, basically:
If a new state or local government area is created, or if the boundaries of an existing one are changed, the National Assembly has to officially change the names and where the government will be located (headquarters) to match the new situation They must follow the rules set out in the Constitution for doing this
1) Any Act of the National Assembly (the federal legislature) that is passed in accordance with this section on boundary adjustments must also make consequential provisions
2) These consequential provisions must be with respect to:
The names of any state or local government areas that are affected by the boundary changes
The headquarters (or seats) of any state or local government areas that are affected
3) The changes to names and headquarters must be made in accordance with:
Section 3 of the Constitution Parts I and II of the First Schedule to the Constitution
So in essence, when the federal legislature passes a law to adjust the boundaries of local government areas, they must also simultaneously update the official names and headquarters locations of any affected state or local government areas

The intent behind this seems to be:
To ensure that the legal and administrative structures align with the new geographic boundaries, avoiding any confusion or discrepancies
To formalize the changes to the official names and seats of government for the impacted state and local government jurisdictions
To make the process of boundary adjustments a comprehensive one, not just limited to the boundary lines themselves
To uphold the constitutional provisions around the naming and headquarters of state/local government areas
Overall, this provision requires the federal legislature to take a holistic approach when passing laws to adjust local government boundaries, addressing not just the boundary changes but also the consequential updates to the names and seats of the affected state and local government areas
September 22, 2024
Meaning of section 8 (4) of 1999 constitution
What is the Meaning of section 8 subsection four of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 8 (4) of 1999 constitution
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Meaning of section 8 (3) of 1999 constitution
Meaning of section 8 (2) of 1999 constitution
Meaning of section 8 (1) of 1999 constitution

Meaning of section 8 (4) of 1999 constitution
The section 8 subsection 4 of Nigeria 1999 stated that
A bill for a Law of a House of Assembly for the purpose of
boundary adjustment of any existing local government area shall only be passed if-
(a) a request for the boundary adjustment is supported by two-thirds majority of members (representing the area demanding and the area affected by the boundary adjustment) in each of the following, namely –
(i) the House of Assembly in respect of the area, and
(ii) the local government council in respect of the area, is received by the House of Assembly; and

Changing Local Government Boundaries
To change the boundaries of an existing local government area, a bill must be passed by the House of Assembly, but only if:
A request for the change is supported by at least 2/3 of the members in TWO groups:
1 The House of Assembly members representing the area that wants the change AND
2 The local government council members representing the area that will be affected by the change
Before changing the boundaries of a local government area, the lawmakers and local council members from BOTH the area requesting the change and the area that will be impacted must agree with at least a 2/3 majority
This ensures that any changes to local government boundaries have broad support from both the state lawmakers and the local council members who represent the affected communities
(a) A bill for a law to adjust the boundary of an existing local government area can only be passed by the state House of Assembly if:
(i) There is a request for the boundary adjustment that is supported by a two-thirds majority of the members in the state House of Assembly, specifically those representing the area demanding the change and the area affected by the boundary adjustment
(ii) There is also a request for the boundary adjustment that is supported by a two-thirds majority of the members in the local government council(s) representing the area(s) affected by the proposed boundary change
So in summary, before the state legislature can even consider passing a law to adjust the boundaries of an existing local government, there must be clear supermajority support (two-thirds) from both the relevant state legislators and the affected local government councils
The intent behind this provision seems to be:
To ensure that any proposed boundary changes have significant support from the local representatives at both the state and local government levels
To prevent arbitrary or unilateral boundary adjustments without the consent of the affected communities
To create a high bar for making boundary changes, requiring strong consensus across multiple levels of government
To give local government councils a say in decisions that may significantly impact their jurisdictions
Overall, this provision establishes a robust, participatory, and consensus-driven process for making boundary adjustments to existing local government areas, with multiple layers of approval required

Understanding the Law In simpler terms, this law means:
To change the boundaries of an existing local government area (like a county or city), you need strong support from both the people and the government in the areas that would be affected
Request for change: People living in the area who want to change the boundaries must gather strong support
Support from the House of Assembly: The House of Assembly in the area where the change is proposed must have at least two-thirds of its members agree with the change
Support from the Local Government Council: The local government council in the area where the change is proposed must also have at least two-thirds of its members agree with the change
Both supports are required: Only after both the House of Assembly and the Local Government Council have given their strong support can the House of Assembly consider passing a law to change the boundaries
In essence, this law ensures that any changes to local government boundaries have broad support from the community and its elected representatives before they can happen This helps prevent hasty or unpopular changes

Section 4b
(b) a proposal for the boundary adjustment is approved by a simple majority of members of the House of Assembly in respect of the area concerned

Approving Boundary Changes
In addition to the 2/3 majority support from the affected areas (as mentioned earlier), a proposal to change the boundaries of a local government area must also be:
Approved by a simple majority (more than half) of the members of the House of Assembly who represent the area concerned
After getting the required support from the affected areas, the proposal to change the boundaries must also be approved by more than half of the lawmakers who represent the specific area where the boundary change will take place
This ensures that the lawmakers who are directly responsible for the area affected by the boundary change have a say in the decision and agree with it

After the initial requirements are met:
(a) There is a request for the boundary adjustment that is supported by a two-thirds majority of the members in the state House of Assembly representing the affected area, as well as a two-thirds majority of the members in the relevant local government council(s)

The next step is:
(b) The proposal for the boundary adjustment must then be approved by a simple majority (over 50%) of the members of the state House of Assembly in respect of the area concerned
So even after the supermajority support at the initial stage, the state legislature must still pass the boundary adjustment proposal with a regular simple majority vote

The intent behind this seems to be:
To provide an additional layer of scrutiny and approval from the broader state legislature, beyond just the representatives of the immediately affected area
To ensure that the boundary change has support from a majority of state lawmakers, not just those directly representing the impacted constituencies
To prevent a small group of local representatives from unilaterally imposing a boundary change without broader support in the legislature
To balance the interests and concerns of the local area with the priorities and perspectives of the state as a whole
Overall, this provision maintains the high bar of supermajority support at the initial stage, but then requires a simple majority vote in the full state legislature as a final check before a boundary adjustment can be approved
Understanding Part (b) of the Law In simpler terms:
After strong support from both the people and the local government (as explained in part (a)), the House of Assembly in the area where the boundary change is proposed needs to formally approve the change
Simple majority: This means that more than half of the members of the House of Assembly must vote in favor of the boundary adjustment
So, to summarize part (b):
Once the local community and government have given their strong approval, the House of Assembly in that area needs to hold a vote, and if more than half of the lawmakers agree, the proposal moves forward
September 22, 2024
Meaning of section 8 (3) of 1999 constitution
What is the Meaning of section 8 subsection three of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 8 (3) of 1999 constitution
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Meaning of section 8 (2) of 1999 constitution
Meaning of section 8 (1) of 1999 constitution
Meaning of section 7 (6) of 1999 constitution

Meaning of section 8 (3) of 1999 constitution
The section 8 subsection 3 of Nigeria 1999 stated that
A bill for a Law of a House of Assembly for the purpose of
creating a new local government area shall only be passed if –
(a) a request supported by at least two-thirds majority of members representing the area demanding the creation of the new local government area) in each of the following, namely-
(i) the House of Assembly in respect of the area, and
(ii) the local government councils in respect of the area, is received by the House of Assembly

Creating a New Local Government Area
To create a new local government area, a bill must be passed by the House of Assembly However, this bill can only be passed if
Two Conditions are Met
1 House of Assembly: A request for the new local government area must be supported by at least 2/3 of the members in the House of Assembly who represent the area where the new local government is being proposed
2 Local Government Councils: The request must also be supported by at least 2/3 of the members in the local government councils of the area where the new local government is being proposed

To create a new local government area, you need:
At least 2/3 of the state lawmakers (House of Assembly) from the affected area to say “yes”
At least 2/3 of the local government council members from the affected area to say “yes”
This ensures that there is strong support from both the state and local levels of government before creating a new local government area
To create a new local government area, there’s a specific process to follow:
Strong support from the people: The people in the area that want to become a new local government area must strongly support the idea This support needs to be shown by:
A majority of lawmakers in the state’s House of Assembly representing the area agreeing
A majority of local government council members in the area agreeing
State Assembly approval: Only after both groups have shown their support can the state’s House of Assembly pass a law to create the new local government area This law needs the support of two-thirds of the lawmakers representing the area
In Essentially: Creating a new local government area requires strong support from both the people and the state government This process ensures that the decision is made with the consent of the people who will be affected

Moreso
1 The process is initiated by a request for creating a new local government area, supported by a two-thirds majority of members representing the affected area in:
a The state House of Assembly
b The local government councils in the affected area
2 So there needs to be a very strong, supermajority-level support for the creation of the new local government at both the state legislative and local government levels
The intent behind these requirements seems to be:
To ensure that the creation of a new local government has wide-ranging support and isn’t pushed through without broad consensus in the affected area
To give a voice to the local population and their elected representatives at both the state and local levels
To make the process rigorous and participatory, rather than allowing new local governments to be created unilaterally
To prevent the creation of new local governments for political or other undue reasons, rather than based on the genuine needs and wishes of the local population

In summary, this provision sets a high bar for approving the creation of a new local government area, requiring supermajority support from the state legislature and local government councils representing the affected area The goal is to make the process as inclusive, consensual, and resistant to abuse as possible

Section 2b
(b) a proposal for the creation of the local government area is thereafter approved in a referendum by at least two-thirds majority of the people of the local government area where the demand for the proposed local government area originated;

Approving the Creation of a New Local Government Area through a Referendum
After the request for a new local government area is supported by the required 2/3 majority in the House of Assembly and local government councils (as explained earlier), the proposal must be put to a vote by the people in the affected area To be approved, the proposal must receive:
At least 2/3 of the votes cast in the referendum
By the people living in the area where the demand for the new local government area originated
In Simple Terms: After the lawmakers and council members agree, the people in the affected area get to decide To create a new local government area, at least 2/3 of the people voting in the referendum must say “yes”
This ensures that the people who will be directly affected by the creation of the new local government area have a say in the decision
After the initial requirement is met, where:
1 There is a request for creating a new local government area supported by two-thirds majorities in the state House of Assembly and the local government councils in the affected area
The next step is that the proposal for the creation of the new local government area must be approved in a referendum by:
2 At least two-thirds (6667%) majority of the people in the local government area where the demand for the new local government originated
So even though the initial request needed supermajority support, the final approval through a referendum also requires a supermajority (two-thirds) of the local population
The intent behind this seems to be:
To ensure that the creation of the new local government has the direct approval and support of the local population, not just their elected representatives
To create an additional layer of democratic legitimacy and consensus beyond just the political institutions
To make the process as participatory and reflective of the true will of the people as possible
To prevent the new local government from being created without the clear consent of the affected community
Overall, this provision aims to make the process of creating a new local government highly inclusive and consensual, requiring strong support at both the state/local government levels and directly from the local population through a supermajority referendum

Part (b): Referendum Approval
After the state assembly approves the proposal to create a new local government area, there must be a vote by the people directly affected
Referendum: This is a direct vote by the people on a specific issue
Two-thirds majority: At least 67% of the people who vote in the referendum must support the creation of the new local government area for it to proceed
In Essentially: This step ensures that the people who will be part of the new local government area have a direct say in its creation Their support, as expressed through the referendum, is crucial for the process to move forward
Combining parts (a) and (b):
To create a new local government area, you need both:
Strong support from the local government and state levels
Overwhelming support from the people in the area
This two-step process ensures that the creation of a new local government area is a well-considered decision with broad support

Section 3c
(c) the result of the referendum is then approved by a simple majority of the members in each local government council in a majority of all the local government councils in the State;

Final Approval by Local Government Councils
After the people in the affected area have approved the creation of the new local government area through a referendum (with at least 2/3 of the votes), the result must be endorsed by:
A simple majority (more than half) of the members in each local government council
In a majority (more than half) of all the local government councils in the State
In Simple Terms: After the people say “yes”, the local government councils in the state must also agree To create a new local government area:
More than half of the council members in each council must vote “yes”
More than half of all the local government councils in the state must also vote “yes”
This ensures that the local government councils, which will be affected by the creation of the new local government area, have a final say in the decision

After the initial requirements are met, where:
1 There is a request for creating a new local government area supported by two-thirds majorities in the state House of Assembly and the local government councils in the affected area
2 The proposal for the new local government area is then approved in a referendum by at least a two-thirds majority of the people in the affected local government area

The next step is that:
c The result of the referendum must then be approved by a simple majority (over 50%) of the members in each local government council in a majority of all the local government councils in the state
So even after the strong local support from the initial request and the supermajority referendum, there is an additional layer of approval required from local government councils across the state

The intent behind this seems to be:
To ensure that the creation of the new local government has broad support and does not negatively impact other parts of the state
To give a voice to local government councils beyond just the affected area, as they may have a stake in how local government boundaries are drawn
To create another check and balance in the process, beyond just the local population and their state representatives
To prevent the creation of new local governments that could be disruptive or undesirable from a statewide perspective
Overall, this provision aims to make the process of creating a new local government area as participatory and consensus-driven as possible, even at the broader state level beyond just the directly affected population

Local Government Council Approval
In simple terms:
After the people have voted in favor of creating the new local government area in the referendum, the result of that vote needs to be approved by most of the local government councils in the state
Simple majority: More than half of the council members in each local government council that participates in the vote must approve the referendum result
Majority of all the local government councils: This means that the approval of the referendum result must be given by more than half of all the local government councils in the state
In Essentially: This step ensures that the creation of a new local government area has the support of the local government councils in the state, not just the area directly affected It’s a way to consider the potential impact of the new local government area on the entire state
Combining parts (a), (b), and (c):
Creating a new local government area is a complex process that requires:
Strong support from the people in the area
Approval from the state assembly
Positive results in a referendum
Approval from most of the local government councils in the state
This multi-step process ensures that the decision to create a new local government area is carefully considered and has widespread support

Section 3d
the result of the referendum is approved by a resolution passed by two-thirds majority of members of the House of Assembly

Final Approval by the House of Assembly
After the people in the affected area have approved the creation of the new local government area through a referendum (with at least 2/3 of the votes), and the local government councils have endorsed the result, the House of Assembly must give its final approval by:
Passing a resolution (a formal decision) with a 2/3 majority of its members
The final step is for the House of Assembly to say “yes” with a strong majority To create a new local government area, at least 2/3 of the state lawmakers must agree with the decision
This ensures that the state lawmakers, who represent the people, have a final check on the decision to create a new local government area, and that there is broad consensus among them

After the previous requirements are met:
1 There is a request for creating a new local government area supported by two-thirds majorities in the state House of Assembly and the local government councils in the affected area
2 The proposal for the new local government area is then approved in a referendum by at least a two-thirds majority of the people in the affected local government area
3 The result of the referendum is then approved by a simple majority of the members in each local government council in a majority of all the local government councils in the state

The final step is that:
The result of the referendum must be approved by a resolution passed by a two-thirds majority of the members of the state House of Assembly
So even after the strong local support and the approval by local government councils across the state, the state legislature must give its final approval through a two-thirds supermajority vote

The intent behind this seems to be:
To ensure that the creation of the new local government has the firm backing of the state legislature as the highest representative body
To create one final high-bar check on the process, requiring a supermajority of state lawmakers to sign off on the new local government
To prevent the creation of new local governments that may not align with the broader interests and priorities of the state as a whole
To make the overall process as robust, participatory, and resistant to abuse as possible
Overall, this provision establishes a multi-layered, highly consensus-driven process for creating a new local government area, requiring supermajority approvals at every stage – from the local population, local government councils, and the state legislature
September 22, 2024
Meaning of section 8 (2) of 1999 constitution
What is the Meaning of section 8 subsection two of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 8 (2) of 1999 constitution
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Meaning of section 8 (1) of 1999 constitution
Meaning of section 7 (6) of 1999 constitution
Meaning of section 7 (5) of 1999 constitution
Meaning of section 8 (2) of 1999 constitution
The section 8 subsection 2 of Nigeria 1999 constitution stated that
An Act of the National Assembly for the purpose of boundary adjustment of any existing State shall only be passed if-
(a) a request for the boundary adjustment, supported by two-thirds majority of members (representing the area demanding and the area affected by the boundary adjustment) in each of the following, namely-
(i) the Senate and the House of Representatives,
(ii) the House of Assembly in respect of the area, and
(iii) the local government councils in respect of the area,is received by the National Assembly;
explanation of this section;
Boundary Adjustment Law
To change the boundaries of an existing State, the National Assembly must pass a law However, this law can only be passed if:
Three Conditions are Met
1 Senate and House of Representatives: A request for boundary adjustment must be supported by at least 2/3 of the members in:
Senate and House of Representatives
Specifically, members representing both the area that wants the change (demanding area) and the area that will be affected by the change (affected area)
2 House of Assembly: The request must also be supported by at least 2/3 of the members in the House of Assembly of the State where the boundary adjustment is proposed
3 Local Government Councils: Additionally, the request must be supported by at least 2/3 of the members in the local government councils of the affected area
In Simple Terms: To change a State’s boundaries, a request must be made and supported by:
A strong majority (2/3) of national lawmakers (Senate and House of Representatives) from both the demanding and affected areas
A strong majority (2/3) of state lawmakers (House of Assembly) from the affected State
A strong majority (2/3) of local government council members from the affected area
This ensures broad support from all levels of government before making changes to a State’s boundaries

The key points of this section are
1 The process is initiated by a request for a boundary adjustment, supported by a two-thirds majority of members in:
a Both the Senate and the House of Representatives (the two chambers of the National Assembly)
b The state House of Assembly for the area(s) affected by the boundary change
c The local government councils in the area(s) affected

2 So there needs to be a very strong, supermajority-level support for the boundary adjustment at the national, state, and local levels
The intent behind these requirements seems to be:
To ensure that a boundary change has wide-ranging support and isn’t pushed through without broad consensus
To give a voice to both the area requesting the change and the area that would be affected by it
To make the process rigorous and participatory, rather than allowing boundary changes to be made unilaterally
To prevent gerrymandering or other politically-motivated boundary adjustments that don’t have genuine support

In summary, this provision sets a high bar for approving state boundary changes, requiring supermajority support at multiple levels of government representing the affected populations The goal is to make the process as inclusive, consensual, and difficult to abuse as possible
To change the borders of a state in Nigeria, there’s a strict process that must be followed:
Strong support from the people: People living in the area that wants to be changed, and those in the area affected by the change, must strongly support the idea This support needs to be shown by:
A majority of lawmakers in the Senate and House of Representatives agreeing
A majority of lawmakers in the state’s House of Assembly agreeing
A majority of local government council members in the area agreeing
National Assembly approval: Only after all these steps, can the national parliament (Senate and House of Representatives) pass a law to change the state’s boundaries This law needs the support of two-thirds of the lawmakers in both houses
Essentially: Changing state borders is a serious matter that requires widespread agreement from both the people directly affected and the national government This process is designed to prevent hasty or unpopular changes to state boundaries

Section 8 SubSection 2b
a proposal for the boundary adjustment is approved by –
(i) a simple majority of members of each House of the National Assembly, and
(ii) a simple majority of members of the House of Assembly in respect of the area concerned
Explanation of this section
Boundary Adjustment Proposal
A proposal to change the boundaries of an existing State is approved if:
Two Conditions are Met
1 National Assembly: A simple majority (more than half) of members in:
House of Representatives and Senate
must vote in favor of the proposal
2 House of Assembly: A simple majority (more than half) of members in the House of Assembly of the State where the boundary adjustment is proposed must also vote in favor of the proposal
In Simple Terms: To approve a boundary adjustment proposal, you need:
More than half of the national lawmakers (House of Representatives and Senate) to say “yes”
More than half of the state lawmakers (House of Assembly) from the affected State to say “yes”
This means that a boundary adjustment can be made with a simple majority vote from both the national and state levels of government, without requiring a supermajority (like 2/3) as in the previous law

After the initial requirements are met, where:
1 There is a request for a boundary adjustment supported by two-thirds majorities in the national legislature, state legislature, and local government councils representing the affected areas
The next step is that the proposal for the boundary adjustment must be approved by:
i A simple majority (over 50%) of the members in each House of the National Assembly (the Senate and the House of Representatives)

ii A simple majority (over 50%) of the members in the state House of Assembly for the area(s) concerned by the boundary change
So even though the initial request needed supermajority support, the final approval only requires a simple majority at the national and state legislative levels

The intent behind this seems to be:
To create a slightly less stringent requirement for the final approval, compared to the initial proposal stage
To still require broad support at the national and state levels, but not an absolute supermajority
To balance the need for strong consensus with the practical reality that a simple majority may be sufficient for the final approval
To ensure that the boundary adjustment has backing from the national legislature as well as the state legislature(s) directly affected
Overall, this provision aims to make the boundary adjustment process rigorous and participatory, while not making the final approval stage overly difficult to achieve if the initial proposal has garnered substantial support
For a proposal to change the boundaries of a state to be approved, it needs to be supported by:
A majority of lawmakers in both the Senate and House of Representatives (the national parliament)
A majority of lawmakers in the state assembly where the boundary change will happen
Breaking it down of this section:
Simple majority: This means that more than half of the lawmakers in each house must vote in favor of the proposal for it to pass
National Assembly: This refers to the Senate and House of Representatives, which together form the national parliament
House of Assembly: This is the state’s own parliament
Essentially:
To change state borders, you need the approval of both the national and state governments This process ensures that decisions about state boundaries have support from both levels of government
September 2, 2024
Meaning of section 8 (1) of 1999 constitution
What is the Meaning of section 8 subsection one of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 8 (1) of 1999 constitution
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Meaning of section 7 (6) of 1999 constitution
Meaning of section 7 (5) of 1999 constitution
Meaning of section 7 (4) of 1999 constitution
Meaning of section 8 (1) of 1999 constitution
The section 8 subsection 1 of Nigeria 1999 constitution new state and boundary adjustment stated that
SubSection 1 stated that
(1) An Act of the National Assembly for the purpose of creating a new State shall only be passed if- a request, supported by at least two-thirds majority of members (representing the area demanding the creation of the new State) in each of the following, namely –
(i) the Senate and the House of Representatives,
(ii) the House of Assembly in respect of the area, and
(iii) the local government councils in respect of the area, is received by the National Assembly;
This section means
To create a new state, the National Assembly (federal legislature) must receive a request supported by:
At least two-thirds majority of members in the Senate and House of Representatives (federal lawmakers)
At least two-thirds majority of members in the State House of Assembly (state lawmakers) representing the area seeking to become a new state
At least two-thirds majority of members in the local government councils (local lawmakers) representing the area seeking to become a new state
To create a new state, there must be a strong consensus among lawmakers at all levels (federal, state, and local) representing the area seeking statehood
This consensus is demonstrated by a two-thirds majority support in each of the three groups mentioned above
This clause is stating that, for the National Assembly (the federal legislature) to pass an Act to create a new state:

1) There must be a request for the creation of the new state that is supported by:
a) At least two-thirds (2/3) majority of the members in both the Senate and the House of Representatives (the two chambers of the National Assembly)
b) The House of Assembly (state legislature) for the area where the new state is proposed to be created
c) The local government councils in the area where the new state is proposed to be created
In other words, there needs to be very broad and substantial support – from the national legislature, the state legislature, and the local governments – before the National Assembly can pass a law to create a new state
The intent behind this provision seems to be:
To ensure there is widespread, multi-level consensus on the need for a new state before proceeding with its creation
To prevent the arbitrary or unilateral creation of new states without buy-in from the relevant political stakeholders
To make the process of creating new states more rigorous and participatory, involving input from national, state, and local representatives
To distribute the decision-making power across different tiers of government, rather than concentrating it at just the national level
National Assembly can’t just decide to create a new state on its own
There needs to be a strong push from the area that wants to become a new state
This push needs to be supported by a supermajority (more than two-thirds) of the elected officials representing that area in several government bodies:
The Senate and House of Representatives: These are the federal legislative bodies There needs to be strong support from both houses of Congress for the new state
The House of Assembly: This is the legislative body of the current state the area wants to leave Even within the current state, there needs to be strong local support for the creation of a new state
Local government councils: These are the governing bodies at the most local level Widespread backing from local governments in the area is also required
Basically, everyone who represents the people in the area wanting to become a new state needs to be overwhelmingly in favor for it to even be considered by the National Assembly

1 Request and Support: A formal request to create a new state must be made
2 Majority Support: This request must be supported by a two-thirds majority in each of the following groups:
The Senate (the upper house of the National Assembly)
The House of Representatives (the lower house of the National Assembly)
The House of Assembly for the area where the new state is proposed
The local government councils in the area seeking statehood

SubSection 2b
a proposal for the creation of the State is thereafter approved in a referendum by at least two-thirds majority of the people of the area where the demand for creation of the State originated;

1 Proposal
A proposal is made to create a new State
2: Referendum
A referendum (a public vote) is held to decide whether the new State should be created
3: Voting Area
The referendum is only held in the specific area where the demand for the new State originated
4: Majority Requirement
To pass, the proposal must receive votes from at least two-thirds (2/3) of the people in that area
Example:
Let’s say 100 people vote in the referendum For the proposal to pass, at least 67 people (2/3 of 100) must vote “yes” to create the new State

In short:A new State can be created if a proposal is approved by a public vote, but only if at least 2/3 of the people in the affected area vote “yes”
This part of the provision states that, even after the request for creating a new state has the support of two-thirds majorities in the national legislature, state legislature, and local government councils, there is one more requirement:
The proposal for creating the new state must be approved in a referendum by at least two-thirds majority of the people living in the area where the demand for the new state originated
In other words, the residents of the area wanting to become a new state must also directly vote in favor of the proposal by a two-thirds supermajority for it to be approved
1 A public referendum is required, where the residents of the proposed new state get to directly vote on the matter
2 For the referendum to pass, at least two-thirds (or 667%) of the voters in the affected area must vote in favor of creating the new state
3 This direct democratic approval from the local population is an additional requirement, beyond just getting support from the various legislative bodies
The intent behind this seems to be:
To ensure the residents of the proposed new state truly want and support its creation, not just the politicians representing them
To make the process of creating a new state even more rigorous and based on genuine public consent, not just political maneuvering
To empower the local population and give them a direct say in determining their own statehood
The law states that:
To create a new state, the following steps must happen:
Demand for a new state: People in a specific area must want to create their own state
Proposal: A formal plan (proposal) to create the new state is made
Referendum: The people in the area where the demand started must vote on the proposal At least two-thirds of the voters must say “yes” for the proposal to pass
Additional approval: The proposal must also be approved by other parts of the country, but this part of the law isn’t included in the quote you provided
To create a new state, the people who live there must strongly agree to it through a vote If they do, the process continues with other steps before the new state can be formed
The Key points:
The decision to create a new state ultimately lies with the people who live there
A very high number of people (two-thirds) must support the idea for it to move forward

SubSection 1c
the result of the referendum is then approved by a simple majority of all the States of the Federation supported by a simple majority of members of the Houses of Assembly

Approval by States and Houses of Assembly
After the referendum, the result needs to be approved by:
1 Simple majority of States: More than half of the existing States in the Federation must agree to the creation of the new State
2 Simple majority of Houses of Assembly: More than half of the members of the Houses of Assembly (legislative bodies) of the affected area must also agree to the creation of the new State
Example:
Let’s say there are 36 States in the Federation For the proposal to pass, at least 19 States (more than half) must approve it
Similarly, if there are 100 members in the Houses of Assembly, at least 51 members must vote in favor of the proposal
In short: After the referendum, the result needs to be approved by a majority of the States and a majority of the members of the Houses of Assembly This ensures that the creation of a new State has broad support from both the existing States and the legislative bodies
After the proposal for creating a new state has
1 Received support from two-thirds majorities in the national legislature, state legislature, and local government councils
2 Been approved by a two-thirds majority in a referendum of the residents of the affected area
There is one more step required for the new state to be created:
The result of that referendum must then be approved by:
1 A simple majority (over 50%) of all the existing states in the federation
2 A simple majority (over 50%) of the members in the Houses of Assembly (state legislatures) across the country
So in essence, even after getting strong support at the local and state levels, the creation of the new state still needs to be approved by a broader consensus across the entire federal system

The intent behind this appears to be:
To ensure that the creation of a new state has support not just from the affected area, but from the country as a whole
To prevent a situation where a new state is created against the wishes of the majority of the existing states or state legislators
To create an additional layer of checks and balances in the process of state creation
To make the process of creating a new state as inclusive and participatory as possible at the national level

SubSection 1d
the proposal is approved by a resolution passed by two-thirds majority of members of each House of the National Assembly

National Assembly Approval
The proposal to create a new State must be approved by the National Assembly, which consists of two Houses:
1 House of Representatives
2 Senate
For the proposal to pass, it needs to be approved by a:
Two-thirds majority in each House

This means that:
At least 2/3 of the members of the House of Representatives must vote in favor of the proposal
At least 2/3 of the members of the Senate must also vote in favor of the proposal
Example:
If there are 360 members in the House of Representatives, at least 240 members (2/3) must vote “yes”
If there are 109 members in the Senate, at least 73 members (2/3) must vote “yes”
The proposal to create a new State must be approved by a strong majority (2/3) of both Houses of the National Assembly, ensuring broad support from the national legislature
After all the previous steps have been completed, where:
1 There was a request for creating a new state supported by two-thirds majorities in the national legislature, state legislature, and local government councils
2 A referendum was held in the affected area, where two-thirds of the residents voted in favor of creating the new state
3 The result of that referendum was then approved by a simple majority of all the existing states and a simple majority of state legislators across the country
The final step is that the proposal for creating the new state must be approved by a resolution passed by a two-thirds majority of the members in each House of the National Assembly
In other words, both the Senate and the House of Representatives, the two chambers of the national legislature, must each pass a resolution approving the creation of the new state, and this resolution must be supported by at least two-thirds of the members in each House
This is the ultimate approval required at the national level, beyond the earlier steps
It requires an even higher threshold of two-thirds majorities in both Houses of the National Assembly
This ensures that there is very strong and broad support for the creation of the new state among the national legislators
The overall intent seems to be to make the process of creating a new state as rigorous, participatory, and consensual as possible – requiring approvals at multiple levels of government and from various stakeholders
For a proposal to be approved, it must be voted on and passed by a strong majority of lawmakers in both the upper and lower houses of the national parliament
Breaking it down:
Two-thirds majority: This means that at least 67% of the members in each house must vote in favor of the proposal for it to pass
Each House of the National Assembly: This refers to the two main chambers of the parliament, typically called the Senate (upper house) and the House of Representatives (lower house)
In essence:
To become law, the proposal needs strong support from both houses of parliament This high approval threshold ensures that significant decisions are made with broad consensus among lawmakers
August 9, 2024
Meaning of section 7 (6) of 1999 constitution
What is the Meaning of section 7 subsection six of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 7 (6) of 1999 constitution
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Meaning of section 7 (6) of 1999 constitution
The section 7 subsection 6 of Nigeria 1999 constitution power of local government stated that

Subject to the provisions of this Constitution -(a) the National Assembly shall make provisions for statutory allocation of public revenue to local government councils in the Federation

This legal section is stating that:
– The National Assembly (the federal legislature) is responsible for ensuring that a portion of public revenue is allocated to local government councils
– This allocation will be done through statutory provisions (laws or regulations)
– The allocation will be made to local government councils across the Federation (the entire country)
– The federal government will set aside a portion of its revenue for local governments
– This will be done through laws or regulations
– The goal is to ensure that local governments have a stable source of funding to carry out their responsibilities
This provision aims to ensure that local governments have the financial resources needed to provide basic services and infrastructure to their communities, promoting grassroots development and democratic governance.

In another word
The National Assembly (the federal legislative body) shall enact laws to provide for the statutory allocation of public revenue to local government councils across the Federation. In other words, the National Assembly is mandated to pass laws that ensure there is a structured and guaranteed allocation of public funds (i.e. government revenue) to be distributed to local government councils.

The key points of this section are:
1. The National Assembly has the responsibility to legislate on this issue of revenue allocation to local councils.
2. The allocation of funds to local councils must be done in a statutory, or formal legal, manner rather than in an ad hoc or discretionary way.
3. This revenue allocation to local governments is meant to be a standard, required practice across the Federation, not something left to the whims of individual states.
The intent behind this provision seems to be:
– To secure a reliable source of funding for local government councils, so they have the resources to fulfill their functions and responsibilities.
– To standardize the revenue allocation process, ensuring local councils across the country have equitable access to public funds.
– To empower local governments financially, rather than leaving them dependent on the discretion of state governments.
National Assembly is the federal legislative body, like a mix of Nigeria’s Senate and House of Representatives.
Statutory allocation means a set amount of money given by law.
Public revenue is the money the federal government collects from taxes and other sources.
Local government councils are the governing bodies at the local level, similar to city councils or county boards.
So, this law basically says that the National Assembly must create a law that gives a portion of the national taxes collected to the local governments throughout Nigeria. This helps ensure local governments have funding to carry out their responsibilities

Section 7 6b
(b) the House of Assembly of a State shall make provisions for statutory allocation of public revenue to local government councils within the State.

The key points of this section are:
1. The state-level legislative body (House of Assembly) has the responsibility to pass laws governing this revenue allocation to local councils.
2. The allocation of funds to local councils must be done in a statutory, or formal legal, manner rather than in an informal or discretionary way.
3. This revenue allocation to local governments is meant to be a standardized, required practice within each state, not something left up to the whims of individual state governments.
The intent behind this provision seems to be:
– To ensure local government councils have a reliable source of funding from the state government, enabling them to properly function and serve their constituents.
– To create a standardized, equitable system of revenue allocation to local councils across the different states.
– To reinforce the fiscal autonomy and financial capacity of local governments, rather than making them completely dependent on state largesse.
Statutory allocation again means a set amount of money given by law.
Public revenue here refers to the money each state collects from its own taxes and other sources.
Local government councils are still the governing bodies at the local level.
This law basically says that each state government also has to create a law that divides up some of the money it collects (public revenue) and gives a portion of it to the local governments within that state.
Here’s the key point: there are two levels of sharing money with local governments in Nigeria.
The National Assembly shares federal tax money with all local governments.
Each state government also shares some of its own tax money with the local governments within its state
July 25, 2024
Meaning of section 7 (5) of 1999 constitution
What is the Meaning of section 7 subsection five of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 7 (5) of 1999 constitution
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Meaning of section 7 (5) of 1999 constitution
The section 7 subsection 5 of Nigeria 1999 constitution power of local government stated that
The functions to be conferred by Law upon local government council shall include those set out in the Fourth Schedule to this Constitution.

This legal text is stating that:
– The responsibilities and powers given to local government councils by law
– Will include the specific functions listed in the Fourth Schedule of the Constitution
– Local government councils will have certain responsibilities and powers granted to them by law
– These responsibilities and powers are listed in the Fourth Schedule of the Constitution
The Fourth Schedule likely outlines specific functions such as:
– Providing basic services like water, sanitation, and healthcare
– Maintaining law and order
– Collecting taxes and managing finances
– Overseeing education and healthcare facilities
– Regulating markets and trade

This provision aims to ensure that local government councils have the necessary powers and responsibilities to effectively govern and serve their communities.
This clause is stating that the functions and responsibilities that must be given to local government councils by law should include those that are laid out in the Fourth Schedule of the Constitution.
In other words, the law must grant local government councils the specific set of functions and duties that are enumerated in the Fourth Schedule of the Constitution.

The intent behind this seems to be:
1. To establish a clear and defined set of responsibilities and powers that must be conferred upon local government councils by law.
2. To ensure local councils have a standardized and consistent mandate across different states and regions, based on the functions outlined in the Fourth Schedule.
3. To prevent local government councils from being given an arbitrary or limited set of functions, and instead ensure they have a comprehensive and substantive role to play.
By tying the legal functions of local councils to the Fourth Schedule of the Constitution, this provision appears aimed at creating a baseline of responsibilities that must be respected, rather than leaving it up to the discretion of individual state governments.
The goal seems to be strengthening and empowering local government councils by giving them a clear and robust set of functions, as specified in the higher-level constitutional framework.

Here is the breakdown:
Local governments must handle certain tasks. These tasks are listed in the Fourth Schedule of the Constitution.
State governments can also give local governments additional responsibilities on top of what’s in the Fourth Schedule.
So, the Fourth Schedule acts as a foundation for what local governments are in charge of, but each state can add more to their local governments’ plates
July 22, 2024
Meaning of section 7 (4) of 1999 constitution
What is the Meaning of section 7 subsection four of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 7 (4) of 1999 constitution
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Meaning of section 7 (4) of 1999 constitution
The section 7 subsection 4 of Nigeria 1999 constitution Power of Local government stated that

The Government of a State shall ensure that every person who is entitled to vote or be voted for at an election to House of Assembly shall have the right to vote or be voted for at an election to a local government council

This section is about the right to vote and participate in local government elections. Specifically, it states that:
– Every person who is eligible to vote in State Assembly elections
– Should also have the right to vote in local government council elections
– Similarly, every person who is eligible to run for office in State Assembly elections
– Should also have the right to run for office in local government council elections
In essence, this section ensures that the same people who have the right to participate in State-level elections also have the same rights in local government elections. This aims to promote consistency, fairness, and equal participation in both State and local government electoral processes.
In addition word
This clause is stating that the government of each state must ensure the following:
1. Every person who has the right to vote or run as a candidate in elections for the state’s House of Assembly (the state legislative body) must also have the right to vote or be voted for in elections for the local government councils.
In other words, the same people who are eligible to participate in state-level elections (by voting or running as candidates) must also be allowed to participate in the elections for the local government councils.
The intent behind this seems to be:
1. To guarantee that the right to political participation at the local government level is equal to that at the state level.
2. To ensure there is no arbitrary exclusion or disenfranchisement of citizens from the local election process.
3. To promote consistent and universal political rights, where people’s franchise is not limited only to state-level elections.
By mandating that state governments uphold this right, the provision appears aimed at safeguarding the principle of equal political representation, where local government elections are just as accessible as state-level ones.
July 19, 2024
Meaning of section 7 (3) of 1999 constitution
What is the Meaning of section 7 subsection three of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 7 (3) of 1999 constitution
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Meaning of section 7 (3) of 1999 constitution
The section 7 subsection 3 of Nigeria 1999 constitution power of local government stated that
It shall be the duty of a local government council within the State to participate in economic planning and development of the area referred to in subsection (2) of this section and to this end an economic planning board shall be established by a Law enacted by the House of Assembly of the State

This legal text is stating that:
It is the responsibility of the local government council in a State to:
1 Participate in economic planning and development
2 Focus on the specific area under their jurisdiction (mentioned in subsection 2)
To achieve this, a law enacted by the State’s House of Assembly must establish an economic planning board
Local government councils have a duty to contribute to the economic growth and development of their area
They must work with the State government to create a plan for economic development
A special board, created by the State legislature, will oversee this economic planning process
This provision aims to ensure that local governments play an active role in promoting economic growth and development in their areas, in collaboration with the State government.
This clause is outlining the role and responsibilities of a local government council within the state when it comes to economic planning and development. Specifically, it states that:
1. It is the duty of the local government council to participate in the economic planning and development of the geographic area under its jurisdiction (as defined in the earlier subsection).
2. To facilitate this, the state’s legislative body (House of Assembly) must enact a law to establish an economic planning board for the local government.
In essence, this clause is:
1. Mandating that local government councils have an active role and responsibility in the economic planning and development of their local areas.
2. Requiring the state government to create a dedicated economic planning board at the local government level through legislation.
The intent seems to be to ensure local government councils are empowered and obligated to be involved in shaping the economic future and growth of their communities. The economic planning board is meant to be the mechanism through which they can fulfill this duty. This suggests an effort to decentralize and localize economic development planning, rather than having it solely driven at the state or national level. The local councils are meant to be active participants in charting the economic path for their jurisdictions.

Here is the breakdown of this section:
Local government councils’ responsibility: The law says that it’s the duty of local government councils to be involved in economic planning and development for their area. This means they should play a role in making decisions about how to improve the economy and create jobs in their communities.

Economic planning board: To help with this task, the law requires each state to establish an economic planning board by passing a law. This board would likely be responsible for things like:
Conducting research on economic trends
Developing economic development strategies
Advising local government councils on economic planning
Overall, this law is designed to encourage local government councils to take an active role in strengthening their economies
July 16, 2024
Meaning of section 7 (2) of 1999 constitution
What is the Meaning of section 7 subsection two of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 7 (2) of 1999 constitution
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Meaning of section 7 (2) of 1999 constitution
The section 7 subsection 2 of Nigeria 1999 constitution local government stated that
Section 7 2a
The person authorised by law to prescribe the area over which a local government council may exercise authority shall- (a) define such area as clearly as practicable;

1 The person or authority responsible for determining the boundaries of a local government council’s jurisdiction (the area over which the council has authority)
2 Must define those boundaries as clearly and precisely as possible.
3 The person in charge of setting the limits of a local government council’s power
4 Must clearly define the specific area where the council can operate and make decisions
This provision aims to ensure that the boundaries of a local government council’s authority are well-defined, avoiding confusion or disputes over their jurisdiction. It’s like drawing a clear map of the area where the council has the power to make decisions.
In addition This clause is addressing how the geographic area or jurisdiction of a local government council is to be defined and described. Specifically, it states that the person authorized by law to prescribe the area over which a local government council may exercise authority must:
a) Define that area as clearly and precisely as practical. In other words, the person with the legal authority to determine the boundaries of a local government council’s jurisdiction must do so in a very clear and unambiguous manner. They need to define the geographic area as clearly as realistically possible.
The intent behind this requirement seems to be:
1. To ensure there is no confusion or ambiguity about the exact limits of a local council’s authority and jurisdiction.
2. To provide a well-defined and easily understandable delineation of each local council’s area of responsibility.
By mandating a clear and practical definition of the local council’s geographic area, this clause appears aimed at promoting transparency, consistency, and effective administration of local government powers and responsibilities.
The goal seems to be to avoid any uncertainty or disputes over the precise boundaries and scope of authority for each democratically elected local government council.

Here’s a breakdown of this section
Whoever is legally responsible for setting local government council areas (e.g., a government agency):
Must define the area as clearly as possible: This means the boundaries of the area the council has control over should be easy to understand and shouldn’t be confusing. Imagine a map where the council’s area is clearly outlined.
Important
There are a few reasons why clear boundaries are important:
It avoids confusion about which council is responsible for a particular area.
It ensures residents know which council to contact for local issues.
It helps to avoid disputes between different councils.
For example, the law might require using things like: Physical landmarks: Rivers, mountains, roads, etc.
Geographical coordinates: Precise locations using latitude and longitude.
Detailed maps: Clearly showing the council’s area.

Section 7 2b
ensure, to the extent to which it may be reasonably justifiable, that in defining such area regard is paid to
(i) the common interest of the community in the area,
(ii) traditional association of the community, and
(iii) administrative convenience.

This section is stating that:
– When defining the area where a local government council has authority, the person in charge must consider the following factors to the extent that it is reasonably justifiable:
1. The common interests of the community living in the area: This means considering what matters most to the people who live there, such as their needs, values, and goals.
2. Traditional associations of the community: This refers to the historical, cultural, and social ties that bind the community together, such as their shared history, language, or customs.
3. Administrative convenience: This means considering how easy or practical it is to manage and administer the area, including factors like transportation, communication, and resource allocation.
– When setting the boundaries of a local government council’s power, the person in charge must think about:
1. What’s best for the people living in the area
2. The community’s cultural and historical ties
3. How easy it is to manage the area effectively

This provision aims to ensure that the boundaries are drawn in a way that respects the community’s identity, needs, and practical considerations. This clause is providing additional guidance on how the geographic area for a local government council should be defined. Specifically, it states that the person with legal authority to define the council’s area must:

Ensure that, to the extent it is reasonably justifiable, the following factors are considered when defining the area:

1. The common interests of the community within that area.
2. The traditional associations and connections of the community.
3. Administrative convenience and practicality.

In other words, the boundaries of the local council’s jurisdiction should:
1. Align with and reflect the shared interests, needs, and identity of the local community.
2. Respect and preserve the traditional, historical, and cultural ties within the community.
3. Be defined in a way that promotes efficient and practical administration and governance.
The intent here seems to be ensuring the local council’s geographic area is structured in a way that:
– Corresponds to the actual community and its cohesion
– Builds on existing social and cultural connections
– Facilitates effective local government administration
This suggests an effort to make the local council boundaries responsive to the real-world factors that define the local community, rather than just drawing arbitrary lines. The goal appears to be to establish local government structures that are well-suited to the specific context and needs of the area.
In another word law lays out three main factors someone responsible for defining a local government council’s area (like a government agency) should consider when drawing the boundaries. Here’s a breakdown of each factor:
(i) Common interest of the community in the area: This means the council should represent a group of people who share similar interests and concerns. Ideally, the people in the area should have things in common that the council can effectively address.
Example: Imagine a rural farming community and a large industrial area. Putting them in the same council might not be ideal because their needs and interests are very different.
(ii) Traditional association of the community: This considers historical ties and cultural connections within the area. People who have traditionally been part of the same community might be better served by being in the same council.
Example: An area with a long history as a distinct tribal territory might benefit from being its own council to preserve its cultural identity.
(iii) Administrative convenience: This means the council should be a manageable size and shape for the government to administer effectively. It should be practical for the council to deliver services and functions within its boundaries.
Example: A long, narrow council stretching across a vast distance might be difficult to manage and provide services for efficiently.
Balancing the factors: The law says these factors should be considered “to the extent to which it may be reasonably justifiable.” This means there’s a balancing act. Sometimes, it might not be possible to perfectly satisfy all three factors. The goal is to find a reasonable compromise that best represents the community’s interests while being practical to manage.
July 13, 2024

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