(8). (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 confer#FF0000 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.
