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 (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