Why New States And LGs Can’t Be Created -By Eric Teniola

Expectedly, the Deputy President of the Senate, Barau Jibrin and the Deputy Speaker of the House of Representatives, Benjamin Okezie Kalu (52), are to be appointed Chairmen of Committees for the amendment of the Constitution whose objectives, among others, include creation of more states. That is another financial jamboree in the making.

Between 1979 and 1983, and since 1999, the legitimate procedure by the National Assembly to take money out of the treasury has been under the pretext that new states will be created. And we have watched in our docility the actions of the members of the National Assembly on this issue.

If we are to calculate the money spent by the National Assembly since 1999 to date on Amending the Constitution, especially on the issue of creation of more states, the amount is enough to tar the dilapidated roads in Nigeria. And yet we keep spending this money in spite of our lean resources. I am not against the amendment of the Constitution but I am advocating for the reduction in the cost of governance. There is no alternative to the amendment of the Constitution if we are to have good governance in Nigeria. Since the present Constitution we have is defective, we have to amend it often. The 1999 Constitution must be one of the few constitutions in the world that did not pass through a referendum or plebiscite.

If I may ask: what has happened to the reports prepared by the former Deputy Senate President, Senator Ibrahim Mantu(1947-2021) or Senator Ike Ekweremadu, who served as Deputy Senate President between June 5, 2007 and June 9, 2019 or Senator Obarisi Ovie Omo-Agege(60), who served between June 11, 2019 and June 11 this year, on the amendment of the Constitution.

If I may also ask: what of the reports on the amendments of the Constitution prepared by Prince Chibudum Nwuche (61), who served from 1999-2003 as Deputy Speaker of the House of Representatives or Chief Austin Adiele Opara, who served from 2003 to 2007; Babangida Saidu Nguroje(2007-2011), Chukwuemeka Ikem Ihedioha(6 June 6, 2011 – June 6, 2015), Alhaji Usman Bayero Nafada, Yusuf Sulaimon Lasun (June 9, 2015- June 9, 2019) and Ahmed Idris Wase, from 2019 to this year?

There is nothing stopping Chief Benjamin Okezie Kalu and Senator Barau Jibrin from adopting some of the recommendations of their predecessors, especially the ones that are useful instead of wasting money touring the whole country or hiring consultants with a view to amending the Constitution.

As for the creation of states as contained in the Constitution, the truth is that the military that handed to us the 1979 and 1999 Constitutions, do not want new states to be created and that is why, except the Mid Western region which was created by civilians in 1963, no new state has so far being created by the civilian government. If you look at section 8 of the 1979 Constitution and Section 8 of the 1999 Constitution, they are the same. The two sections were smuggled into the Constitution by the military. The Constituent Assembly that served between 1977 and 1978 did not discuss section 8 of the 1979 Constitution. In short it was a military decree.

Section 8 of the 1979 Constitution states that: “An act of the National Assembly for the purpose of creating a new State 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 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; (b) 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; (c) 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; and (d) the proposal is approved by a resolution passed by two-thirds majority of members of each House of Assembly.

“(2) An Act of the National Assembly for the purpose of boundary adjustment of any existing State shall only passed if— (a) a request for the boundary adjustment, supported by two-thirds majority of members (representing the area demanding 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; and (b) a proposed 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”.

To be concluded…