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Section 8 of the Nigerian Constitution 1999

Preamble to the Constitution Section 1 – Supremacy of constitution Section 2 – The Federal Republic of Nigeria Section 3 – States of the Federation and the Federal Capital Territory, Abuja Section 4 – Legislative powers Section 5 – Executive powers Section 6 – Judicial powers Section 7 – Local government system Section 8 – New states and boundary adjustment, etc. Section 9 – Mode of altering provisions of the constitution Section 10 – Prohibition of State Religion Section 11 – Public order and public security Section 12 – Implementation of treaties Section 13-24 – Chapter II [Fundamental Objectives and directive Principles of State Policy] Section 25-32 – Chapter III [Citizenship] Section 33 – Right to life Section 34 – Right to dignity of human persons Section 35 – Right to personal liberty Section 36 – Right to fair hearing Section 37 – Right to private and family life Section 38 – Right to freedom of thought, conscience and religion Section 39 – Right to freedom of expression and the press Section 40 – Right to peaceful assembly and association Section 41 – Right to freedom of movement Section 42 – Right to freedom from discrimination Section 43 – Right to acquire and own immovable property Section 44 – Compulsory acquisition of property Section 45 – Restriction on and derogation from fundamental human rights Section 46 – Special jurisdiction of High Court and Legal aid Section 47-51 [Part I – National Assembly (A – Composition and Staff of National Assembly)] Section 52-64 (B – Procedure for Summoning and Dissolution of National Assembly) Section 65-70 (C – Qualifications for Membership of National Assembly and Right of Attendance) Section 71-79 (D – Elections to National Assembly) Section 80-89 (E – Powers and Control over Public Funds) Section 90-93 [Part II – House of Assembly of a State (A – Composition and Staff of House of Assembly)] Section 94-105 (B – Procedure for Summoning and Dissolution of House of Assembly) Section 106-111 (C – Qualification for Membership of House of Assembly and Right of Attendance) Section 112-119 (D – Elections to a House of Assembly) Section 120-129 (E – Powers and control over Public Funds) Section 130-152 [Part I – Federal Executive (A – The President of the Federation)] Section 153-161 (B – Establishment of Certain Federal Executive Bodies) Section 162-168 (C – Public Revenue) Section 169-175 (D – The Public Service of the Federation) Section 176-196 [Part II – State Executive (A – The Governor of a State)] Section 197-205 (B – Establishment of Certain State Executive Bodies) Section 206-212 (C – The Public Service of State) Section 213 [Part III – Supplemental (A – National Population Census)] Section 214-216 (B – Nigeria Police Force) Section 217-220 (C – Armed Forces of the Federation) Section 221-229 (D – Political Parties) Section 230-236 [Part I – Federal Courts (A – The Supreme Court of Nigeria)] Section 237-248 (B – The Court of Appeal) Section 249-254 (C – The Federal High Court) Section 255-259 (D – The High Court of the Federal Capital Territory, Abuja) Section 260-264 (E – The Sharia Court of Appeal of the Federal Capital Territory, Abuja) Section 265-269 (F – The Customary Court of appeal of the Federal Capital Territory, Abuja) Section 270-274 [Part II – State Courts (A – High Court of a State)] Section 275-279 (B – Sharia Court of Appeal of a State) Section 280-284 (C – Customary Court of Appeal of a State) Section 285 [Part III – Election Tribunals] Section 286-296 [Part IV – Supplemental] Section 297-304 [Part I – Federal Capital Territory, Abuja] Section 305-308 [Part II – Miscellaneous Provisions] Section 309-317 [Part III – Transitional Provisions and Savings] Section 318-320 [Part IV – Interpretation, Citation and Commencement] First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule Sixth Schedule Seventh Schedule

Section 8 of the Nigerian Constitution 1999

Section 8 of the Nigerian Constitution is about the making of New States and Boundary adjustment, etc. It has six subsections. Section 8 is under Part II (Powers of the Federal Republic of Nigeria) of Chapter 1 (General Provisions) of the constitution.

8. (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 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; 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 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

(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

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Ayuba says:

June 21, 2022 at 9:41 pm

Why does mr. President seeking to replace the resignated ministers under section 2 & 8 of the constitution which is only talking of a bandry adjustment and creation of new local govt. Areas and the creation of a new state?

Reply
1. LawGlobal Hub says:
  
  June 22, 2022 at 3:36 pm
  
  Hello Ayuba,
  
  Like you have mentioned, there appears to be no connection between both Section 2 and 8 and appointment of ministers. Section 147 (2) of the Nigerian Constitution 1999, as amended, provides for the appointment of Ministers.
  
  Reply

Section 8 of the Nigerian Constitution 1999

Section 8 of the Nigerian Constitution 1999

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