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
