Recently, it was reported to the delight of all sons and daughters of Ikwuano both at home and in the diaspora that Hon. Obi Aguocha, the distinguished member representing Ikwuano/Umuahia Federal Constituency, has sponsored a Bill for the creation of Ikwuano South Local Government Area and Ikwuano North Local Government Area respectively which has successfully passed its First Reading in the House of Representatives.
This laudable initiative has been widely applauded, as everyone familiar with Abia State recognizes that Ikwuano Local Government Area is too vast – geographically and demographically to remain as a single local government.
Ikwuano is made up of four major clans: Oloko, Oboro, Ariam, and Ibere.
Each of these clans has a sizeable population and land area sufficient to sustain a full-fledged local government structure. The existing Ikwuano LGA covers an extensive landmass, with communities spread across considerable distances, which often hampers effective local administration and equitable distribution of resources.
During the 2023 election campaigns, both Hon. Obi Aguocha and His Excellency, Dr. Alex Otti, the Executive Governor of Abia State, made clear promises regarding the creation of an additional local government from the present Ikwuano LGA. Governor Otti, in particular, emphasized that the creation of a new local government area in Ikwuano was part of his development blueprint, a commitment that resonated deeply with the people.
It is therefore heartwarming that this vision is being revisited through legislative action. However, while Hon. Aguocha’s intention is noble and commendable, the constitutional route for creating a new local government area in Nigeria requires a specific procedure under Section 8 of the 1999 Constitution (as amended).
Section 8(3)-(6) of the 1999 Constitution (as amended) provides the clear procedure for the creation of a new Local Government Area within a State. The relevant provisions may be summarized as follows:
1. Initiation at the State Level:
The process must begin with the House of Assembly of the State, following a request supported by a majority of the members representing the area demanding the new local government, along with resolutions by the local government councils concerned.
2. Referendum:
The House of Assembly shall then direct that a referendum be conducted by the Independent National Electoral Commission (INEC) within the affected area, to ascertain the wishes of the people.
3. Legislative Approval:
If the referendum is approved by a majority of the people in the area, the House of Assembly must pass a Bill for the creation of the new local government and send it to the Governor for assent.
4. National Assembly Recognition:
However, the process remains inchoate (incomplete) until the National Assembly amends the Constitution to include the newly created local government area in the First Schedule, Part I of the Constitution – the section listing all local government areas in Nigeria.
This constitutional issue was decisively settled in the landmark Supreme Court case of Attorney-General of Lagos State v. Attorney-General of the Federation (2003) 12 NWLR (Pt. 833) 1.
In that case, the Lagos State Government under Asiwaju Bola Ahmed Tinubu, then Governor of Lagos State, created 37 new local government development areas. The Federal Government challenged this action, and the Supreme Court held that:
A State has the constitutional power to create new local government areas within its territory;
However, such creation remains inchoate until the National Assembly amends the Constitution to reflect the new local government areas in the Schedule.
Therefore, while a State may operate the new local governments as development areas, they do not attain full constitutional recognition until they are listed in the Constitution.
This remains the authoritative position of Nigerian law on the creation of new local government areas.
While appreciating Hon. Obi Aguocha’s patriotic initiative, it is advisable that he collaborates closely with His Excellency, Dr. Alex Otti, to commence the process from the State level through the Abia State House of Assembly.
An Executive Bill initiated by the Governor, supported by the Ikwuano representatives in the House of Assembly, and passed in line with Section 8 of the Constitution, will ensure that the creation follows due process. Once this is achieved, Hon. Aguocha and Distinguished Senator Akobundu at the National Assembly can then advocate for the constitutional inclusion of the newly created Ikwuano South and North Local Government Areas through an amendment process.
This two-tiered approach, State creation and Federal recognition is constitutionally sound and practically achievable, especially with a responsive Governor like Dr. Alex Otti, who is known for keeping his campaign promises.
The creation of an additional local government from Ikwuano is not only constitutionally justifiable but socially desirable. It will bring governance closer to our people, promote development, and strengthen local representation.
As we pursue this noble vision, may the Almighty God grant our leaders wisdom, unity, and divine guidance to actualize this dream for the peace and progress of Ikwuano and Abia State.
God is with Abia, God’s own State!
M.O. Ubani SAN, Nwa Abia is a Legal Practitioner/Policy Analyst.
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