As at today, there is no valid proposal for creation of states before the National Assembly.
Let me start this short piece by leaning on the position espoused by the erudite constitutional lawyer, Professor Mike Ozekhome, SAN.
“The principle of strict adherence to statutory procedures is a well-established doctrine in legal interpretation and judicial precedent in Nigeria. It states that when a statute prescribes a particular method for accomplishing a task, that method alone must be followed, and any deviation renders the action a nullity.”
This principle, succinctly articulated in Cross River University of Technology v. Obeten (2011) LPELR-4007-CA, is applicable to the conversation on state creation in Oyo State.
Apart from Obeten’s case (supra), it was also held in APAPA & ANOR V, INEC & 2 ORS (2012) 8 NWLR (PT 1303) 409, 431B that: “It is trite that when a statute provides a procedure for performing a duty that procedure alone must be adopted otherwise the act will be a nullity.”
Without any doubt, the procedure for creation of states is contained in Section 8 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
For ease of reference, I will reproduce the procedure contained therein and urge you to ask your lawmaker if the conditions precedent were fulfilled before asking for the creation of states.
Section 8 of the Constitution of the Federal Republic of Nigeria
(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.
In view of the supremacy of the Constitution in general and the provisions cited above in particular, any bill on state creation that is sponsored on the floor of the National Assembly without adherence to Section 8 of the Constitution is null, void and of no effect whatsoever.
