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 (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