- The House of Representatives received 31 proposals for new states as part of ongoing constitutional amendments, with Deputy Speaker Benjamin Kalu emphasizing adherence to legal procedures
- The process of state creation in Nigeria involves five key steps which must be strictly adhered to
- Despite multiple proposals, no new state has been created since 1999 due to the stringent constitutional requirements and the complexity of the approval process
During a plenary session on Thursday, February 13, Deputy Speaker Benjamin Kalu, who also chairs the constitution review committee, announced that the House of Representatives had received 31 proposals for the formation of new states.
The 10th National Assembly is currently considering amendments to the 1999 Constitution, with state creation among the proposals under review.
Amending the constitution is a formal process aimed at updating its provisions to reflect the interests and needs of the nation.
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How does constitutional amendments work in Nigeria?
The Nigerian Constitution allows for amendments as needed, but the process varies depending on the section being modified.
Most constitutional amendments require a two-thirds majority vote from both the Senate and the House of Representatives, along with approval from at least 24 state assemblies.
When it comes to creating new states, additional legal conditions must be met. Below are the five fundamental steps involved in the process.
Step 1: A formal request must be submitted
According to Section 8(1) of the Nigerian Constitution, a formal request must be submitted to initiate the process.
- This request must receive support from at least a two-thirds majority of representatives in the affected area, including:
- Members of the Senate and House of Representatives
- The House of Assembly of the state where the new state is being proposed
- Local government councils within the affected region
This step ensures that the demand for a new state has significant backing from key political representatives.
Step 2: Conducting a referendum
Once the request is formally acknowledged, a referendum must be held in the affected area.
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At least two-thirds of the population in the proposed state must approve its creation through the referendum.
This step allows residents to have direct input in the decision-making process.
Step 3: Approval by the federation's states
Following the referendum, a simple majority of Nigeria’s existing states must approve the proposal.
Additionally, the majority of state assemblies nationwide must also support it. This ensures national consensus before proceeding further.
Step 4: Endorsement by the National Assembly
The proposal then returns to the National Assembly for final legislative approval. A two-thirds majority vote in both the Senate and the House of Representatives is required.
Lawmakers may vote electronically or through a roll-call process to ensure transparency.
Step 5: Presidential assent
Once approved by the legislature, the bill is sent to the President for final assent. Under Section 58 of the Constitution, the President's approval is necessary for the proposal to become law.
Once signed, the new state officially comes into existence.
Why more state creation may fail
Despite multiple proposals for state creation, no new state has been established since Nigeria's return to democratic governance in 1999.
The stringent requirements make the process complex and challenging to complete.
During the plenary session, Deputy Speaker Kalu stressed the importance of adhering strictly to Section 8 of the Constitution.
He urged that all revised proposals be submitted by March 5 for proper consideration.
Analyst advises Reps members to create 774 new states
Previously, Legit.ng reported that a proposal to create an additional 31 states across Nigeria’s six geopolitical zones has sparked widespread reactions, with experts raising concer?ns over the financial and political implications of such a move.
Reacting to the development, development expert Sadeeq Shehu, while speaking exclusively with Legit.ng on Saturday, February 8, took a sarcastic approach, questioning the rationale behind the proposal.
