From last week continues the narrative in support of the claim that the military-sponsored 1979 and 1999 Constitutions were replete with sections that make it almost impossible for a civilian government to create new states 

SECTION 8 of the 1999 Constitution states that: (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”.

You will discover the similarities between Section 8 of the 1979 and 1999 Constitutions. So far, these are the two Constitutions we have operated in our presidential system between 1979 to 1983 and since 1999 to date. I covered the Constitution Drafting Committee proceedings and also the proceeding of the Constituent Assembly, the issue of creation of more states was never discussed at the Constitution Drafting Committee. 

Of the 50 members of the Constitution Drafting Committee, I think only four of them are still alive. They are Alhaji Lateef Olufemi Okunnu(90), Professor Benjamin Obi Nwabueze (91), Alhaji Mamman Daura(83) and Professor Godwin Anibeze Odenigwe(97). They are my living witnesses. 

To be concluded...