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.