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 money is enough to tar the dilapidated roads in Nigeria. And yet we keep spending this money inspite 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 and often. Our 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 5 June 2007 to 9 June 2019 or Senator Obarisi Ovie Omo-Agege(60), who served between 11 June 2019 to 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 between 1999-2003 as deputy speaker of the House of Representatives or Chief Austin Adiele Opara, who served between 2003 to 2007, Babangida Saidu Nguroje(2007-2011), Chukwuemeka Ikem Ihedioha(6 June 2011 – 6 June 2015), Alhaji Usman Bayero Nafada, Yusuf Sulaimon Lasun (9 June 2015-9 June 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 ARMY, 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”. 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 fifty 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. While inaugurating the Constituent Assembly on October 6, 1977, the then Head of State, General Olusegun Obasanjo GCFR, warned that the no go areas which the Assembly must not discuss include the composition of the Supreme Military Council and the creation of states. He declared on that day “I believe also that valuable time will be saved by sticking to your “Term of Reference” as closely as possible. May I emphasise that the purpose of your being here is to discuss the draft Constitution already produced by the Constitution Drafting Committee and to come out with your recommendations. These will then be taken to the Supreme Military Council. Thereafter, a Decree on the subject of Constitution for the Federal Republic of Nigeria will be considered and promulgated to usher in the new Constitution. Your time here is therefore precious and should be described to this all important subject. All diversion from it of the consideration of extraneous matters which are not the subject for discussion by the Constituent Assembly should be avoided. The Electoral Regulations Decree which will govern the conduct of the first elections before the departure of the Military Administrations will be promulgated by the Supreme Military Council and will be placed before the Constituent Assembly for consideration as a schedule to the Constitution for use in post Military Administration elections”. On November 1, 1977, while presenting the bill for the new Constitution, the Chairman of the Constitution Drafting Committee, Chief Frederick Rotimi Alade Williams SAN (16 December 1920 – 26 March 2005) spoke on the promulgation of the new Constitution, foundation of the Constitution, the Federal Sharia Court of Appeal and many other issues. He did not touch the issue of creation of states. Same with the chairman of the Constituent Assembly, Mr. Justice Egbat Udo Udoma (21 June 1917 – 2 February 1998). Yet by curiosity, Section 8 was smuggled into the 1979 Constitution by the ARMY. What happened on the last two days of the sitting of Constituent Assembly, that is on June 1, 1978 and on Monday, June 5, 1978, was that some members of the Assembly, wanted their states to be created so that it could form part of the bill which was mandatory for the Supreme Council to approve. The Chairman of the Assembly, Mr. Justice Egbert Udo Udoma objected to the procedure along with some members including Mr G.A. Graham Douglas. The members who wanted the states were Chief G. Ajeigbe, who wanted Ibadan state, Chief Bisi Onabanjo, who wanted Ijebu state with Remo inclusive, Dr. Joseph Wayas, who wanted Ogoja state, in the present Cross River state, Chief S.O. Apetuje, Chief S.F. Fajobi and G.A. Falaye, who wanted Ekiti state, Alhaji S. Z. Daura who wanted Katsina state among others, Chief C.C. Onoh who wanted Wawa state which is the present Enugu state. In his ruling on June 1, 1978, the chairman of the Assembly, Justice Udo Udoma ruled that “all the Amendments to Section 3 of the Bill, crystallising as they do and falling in reality into the category of proposals for the creation of new states, must be considered in my view, in their widest perspective. For the purpose of the ruling, consideration must rest on two main prongs.
https://leadership.ng/why-new-states-and-lgas-cant-be-created/
mynd44 oam4j lalasticlala seun nlfpmod

Creating New states means ignition time bomb in Nigeria