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  • Meaning of section 9 (2) of 1999 constitution

    Meaning of section 9 (2) of 1999 constitution

    What is the Meaning of section 9 subsection two of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 9 (2) of 1999 constitution

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    Meaning of section 9 (1) of 1999 constitution

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    Meaning of section 9 (2) of 1999 constitution

    This section is based on changing the Constitution

    The section 9 subsection 2 of Nigeria 1999 state that

    An Act of the National Assembly for the alteration of this Constitution, not being an Act to which section 8 of this Constitution applies, shall not be passed in either House of the National Assembly unless the proposal is supported by the votes of not less than two-thirds majority of all the members of that House and approved by resolution of the Houses of Assembly of not less than two-thirds of all the States 

     

    Changing the Constitution

    A Two-Step Process

    To change the Constitution, the National Assembly must follow a two-step process:

     

    Step 1: National Assembly Approval

    At least two-thirds of all members in either the House of Representatives or the Senate must vote in favor of the proposed change

    Step 2: State-Level Approval

    The proposed change must also be approved by at least two-thirds of all the State Houses of Assembly (ie, 24 out of 36 States)

    To amend the Constitution, the National Assembly needs a strong majority vote (two-thirds) in one of its Houses, and also needs the approval of at least two-thirds of the States

    1) Any Act of the National Assembly to alter the Constitution must follow this specific process, except for amendments covered under section 8 of the Constitution

    2) The proposed constitutional amendment must be supported by a two-thirds majority vote in each House of the National Assembly (the Senate and the House of Representatives)

    3) In addition, the amendment must be approved by a resolution of the Houses of Assembly (the state legislatures) in at least two-thirds of all the states

    So in summary, to amend the Constitution, the federal legislature needs:

    A two-thirds supermajority vote in both chambers of the National Assembly

    Approval by the state legislatures in at least two-thirds of the states

     

    The intent behind these stringent requirements seems to be:

    To ensure that any changes to the fundamental law of the land have very broad support, beyond just a simple majority in the federal legislature

    To give the state governments (through their legislatures) a significant role in approving constitutional amendments, reflecting the federal structure of the government

    To create a high bar for constitutional alterations, in order to protect the stability and integrity of the Constitution

    To prevent the federal legislature from unilaterally amending the Constitution without substantial buy-in from both the federal and state levels of government

    Overall, this provision establishes a rigorous process for the National Assembly to alter the Constitution, requiring supermajority support at both the federal and state levels This is meant to ensure that constitutional changes have robust support and legitimacy

    To change the Nigerian Constitution (except for certain parts mentioned in Section 8), it’s not enough for just the national lawmakers to agree There needs to be strong support from both the national and state levels

    Here’s a breakdown:

    National Assembly Approval: At least two-thirds of all the members in both the Senate and the House of Representatives must vote in favor of the change

    State Approval: At least two-thirds of all the state Houses of Assembly must also pass a resolution supporting the Change only if both conditions are met can the Constitution be amended

  • Meaning of section 9 (1) of 1999 constitution

    Meaning of section 9 (1) of 1999 constitution

    What is the Meaning of section 9 subsection one of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 9 (1) of 1999 constitution

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    Meaning of section 9 (1) of 1999 constitution

    The section 9 subsection 1 of Nigeria constitution 1999 state that Mode of altering provisions of the Constitution

    Changing the Constitution

    The National Assembly has the power to make changes to the Constitution, but only if it follows the rules outlined in this section

    The National Assembly can amend or modify the Constitution, but it must do so in accordance with the procedures and guidelines set out in this section

    Think of it like updating a rulebook: the National Assembly can change the rules (Constitution), but it must follow the established process for making those changes

    Note: This subsection is setting the stage for the procedures and guidelines that will be outlined in subsequent subsections, which will explain how the National Assembly can alter the Constitution

    1) The National Assembly has the authority to alter or amend any of the provisions of the Constitution

    2) However, this power to amend the Constitution is subject to the other provisions contained within this specific section

    To grant the federal legislature, as the highest lawmaking body, the ability to make changes to the supreme law of the land (the Constitution)

    To recognize the National Assembly as the appropriate branch to formally amend the Constitution, rather than leaving it solely to the executive or judicial branches

    To establish that the National Assembly’s power to amend the Constitution is not unlimited, but rather is subject to certain limitations and procedural requirements

    To create a balance between the need for constitutional flexibility and the need for constitutional stability and integrity

    So in summary, this provision gives the National Assembly the general power to amend the Constitution, but makes it clear that this power is not absolute and must be exercised in accordance with the other requirements outlined in this section of the law

    The National Assembly has the power to change any part of the Nigerian Constitution However, there are specific rules (or conditions) laid out in the same section about how and when this can be done

    National Assembly This is the Nigerian parliament, made up of the Senate and the House of Representatives

    Constitution This is the supreme law of the land, outlining the structure and powers of the government

    So, basically:

    The lawmakers in Nigeria can change the country’s laws, but they must follow the specific process and rules outlined in the Constitution itself to do so

  • Meaning of section 8 (6) of 1999 constitution

    Meaning of section 8 (6) of 1999 constitution

    What is the Meaning of section 8 subsection six of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 8 (6) of 1999 constitution

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    Meaning of section 8 (6) of 1999 constitution

    The section 8 subsection 6 of Nigeria 1999 constitution stated that

    For the purpose of enabling the National Assembly to exercise the powers conferred upon it by subsection (5) of this section, each House of Assembly shall, after the creation of more local government areas pursuant to subsection (3) of this section, make adequate returns to each House of the National Assembly

     

    Sharing Information with the National Assembly

    After a State creates new local government areas, the State’s House of Assembly must:

    Send detailed reports (called “returns”) to both Houses of the National Assembly

    These reports should include all necessary information about the new local government areas

    This is necessary so that the National Assembly can:

    Exercise its powers to review and approve the changes

    Update the national records and Constitution accordingly

    When a State creates new local government areas, it must inform the National Assembly by sending detailed reports This helps the National Assembly to:

    Review the changes

    Update national records

    Ensure the Constitution remains accurate

     

    When new local government areas are created, the National Assembly needs information to make decisions about them So, this law says that each state’s House of Assembly must send the National Assembly details about these new local government areas

    In subsection (5): This part of the law gives the National Assembly the power to do certain things related to local government areas

    In Subsection (3): This part talks about creating new local government areas

    Adequate returns: This means providing necessary information or reports

    So, basically:

    After a state creates new local government areas, it must officially tell the National Assembly about them, providing information like names, locations, and other important details This helps the National Assembly do its job effectively

    1) After a state House of Assembly creates new local government areas under subsection (3), each state House of Assembly shall make “adequate returns” to each House of the National Assembly

    2) The purpose of these “adequate returns” is to enable the National Assembly to properly exercise the powers conferred upon it under subsection (5)

     

    The intent behind this seems to be:

    To ensure the federal government has full visibility and data on the changes being made at the state level regarding local government boundaries and structures

    To empower the National Assembly to effectively oversee and potentially take action on the local government changes made by the states, per the powers granted in subsection (5)

    To facilitate coordination and alignment between the federal and state governments on local government administration and organization

    To create transparency and accountability around the process of creating new local government areas at the state level

    So in summary, this provision requires the state Houses of Assembly to furnish comprehensive information to the federal National Assembly after establishing new local government areas, in order to enable the National Assembly to exercise its constitutional powers in this area

  • Meaning of section 8 (5) of 1999 constitution

    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

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    Meaning of section 8 (4) of 1999 constitution

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    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

  • Meaning of section 8 (4) of 1999 constitution

    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

  • 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

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    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

  • Meaning of section 8 (2) of 1999 constitution

    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

    Related article

    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

  • Meaning of section 8 (1) of 1999 constitution

    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 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

  • Meaning of section 7 (6) of 1999 constitution

    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

  • Meaning of section 7 (5) of 1999 constitution

    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