Constitution alteration: Senate forecloses chances of creating additional States

By Ikechukwu Okaforadi

Senate on Sunday foreclosed the hopes of agitators for additional States, saying the Constitution Review Committee did not approve or recommend the creation of any new States as alleged in a media report by a nation daily.

This comes on the heels of a media report that the ongoing Constitution Amendment in the National Assembly, has the creation of about twenty new States, as part of its recommendations, to assuage the demands for more States by some parts of the country.

The Deputy Senate President, Ovie Omo-Agege, is the Chairman of the Senate Committee on 1999 Constitution Amendment, which had received memoranda from Nigerians on the required alterations that should be effected on the Constitution, including State creation, power devolution, among others.

According to a statement issued yesterday by Senate spokesman, Sen. Ajibola Basiru (APC Osun Central), he disclaimed the media report on twenty new States, saying none of the series of States agitated for through memoranda submitted is approved in the Committee’s report.

Senator Basiru, who is a member of the Constitution Review Committee, said the Senate, going by provisions of Section 8 of the 1999 Constitution, cannot make any recommendation for State creation without following the laid down procedure which start with referendum where two third of people residing in an area where a new State is to be created, must vote yes.

He said the referendum must be conducted by the Independent National Electoral Commission (INEC) and supported by 2/3 majority of the National Assembly and at least 24 out of the 36 States Houses of Assembly.

“Senate Committee did not propose creation of 20 New States” reads “ Our attention has been drawn to a media report that the Senate Committee of Review of 1999 Constitution has proposed the creation of additional 20 States.

“The report is a gross misrepresentation of the decision of the committee on the request for creation of more states. Far from recommending creation of any state, the Senate Committee, while acknowledging receipts of several Bills proposing creation of new states, decided that it is not in a position to recommend or propose the creation of any state unless there is compliance with the provisions of section 8 of the 1999 Constitution of the Federal Republic as amended.

“For ease of reference, Section 8 of the Constitution provides:

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.

“In view of the above, the Senate Committee is not in a position to propose creation of any state as reported. Rather the committee decided to refer the requests received to Independent National Electoral Commission to ensure compliance with section 8 of the Constitution by conducting referendum in the areas if the requests supported by at least two-thirds majority of members (representing the area demanding the creation of the new State) in  the Senate,  the House of Representatives and the House of Assembly in the area.

“The above clarifications are imperative to set the record straight”, the statement reads in part.

Note that during submission of memoranda to National Assembly, both the Senate and House of Representatives Committees on Constitution Review, received request for creation of more States including: Adada from Enugu, Oke – Ogun from Oyo, Okura from Kogi, Gurara from Kaduna, Okun from Kogi, Katagum from Bauchi States etc.