Section 8 of the 1999 Constitution of Nigeria
Section 8 of the Constitution of Nigeria 1999 is about New States and boundary adjustment, etc. It is under Part II (Powers of the Federal Republic of Nigeria) of Chapter I (General Provisions) of the Act.
(1) 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 the National Assembly.
(2) 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 twothirds 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; and
(b) 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.
(3) 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;
(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;
(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; and
(d) the result of the referendum is approved by a resolution passed by two-thirds majority of members of the House of Assembly.
(4) 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 twothirds 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
(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.
(5) 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.
(6) 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.
[Part I and II First Schedule]
Credit: Policy and Legal Advocacy Centre (PLAC)
