Meaning of section 8 (3) of 1999 constitution

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

Related article

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

Leave a Reply

Your email address will not be published. Required fields are marked *