The Impediments to the Creation of New Local Government Areas Under the 1999 Constitution in Nigeria
Abdullahi Suleiman Otiwe Undergraduate; Faculty of Law, Kogi
State University, Anyigba, Nigeria
ABSTRACT
This work investigates the
constitutionality of the power for the creation of new Local Government Areas
under the 1999 Constitution in Nigeria. It posits that the purpose of the grant
of such power as “quasiexclusive legislative preserve” to the State is to
enable the Local Communities have ease opportunity to push home the demand for
the local authorities of their choice as one of the cardinal principles of
Federalism. The work equally examines the constitutional basis of the National
Assembly in making Consequential Provisions as assent to the constitutional
exercise of the power vested in the State and how the National Assembly has
exercised this power to veto the valid law of the State. This is what brought
the principle of Inchoate in the Supreme Court decided case exposing the
obstacle to the creation of new local government areas under the constitution
and therefore a basic constitutional issue. Finally, this work argues for constitutional
reform in relation to the creation of new local government areas while
comparing the Nigerian constitutional procedures with that of other States.
KEYWORDS
Consequential Provisions, Constitution, Federalism, Inchoate, Local
Government
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