Constitutional Imperatives for Relocation and Creation of Local Government Areas in Nigeria

By Okoi Obono-Obla 

Constitutional Imperatives for Relocation and Creation of Local Government Areas in Nigeria:

I have read the proposal for the relocation of Yakurr Local Government Area from Ugep to another location. It is indeed a fine and brilliant idea, and it is welcome. However, unless it is backed by a request for the alteration of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), it cannot stand. This is not an administrative decision that a State Governor can take. Even if such a decision is passed by the House of Assembly through a bill assented to by the Governor, it still requires the approval of the National Assembly.

The First Schedule, Part I of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), created the following Local Government Areas in Cross River State: Abi, Akamkpa, Akpabuyo, Bakassi, Bekwara, Biase, Boki, Calabar Municipal, Calabar South, Etung, Ikom, Obanliku, Obubra, Obudu, Odukpani, Ogoja, Yakurr, and Yala. The headquarters of these Local Government Areas are inextricably tied to them.

Section 3 subsections (1), (2), and (6) of the Constitution provide as follows:

– (1) There shall be thirty-six States in Nigeria, namely Abia, Adamawa, Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross River, Delta, Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Lagos, Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yobe, and Zamfara.
– (2) Each State of Nigeria named in the first column of Part I of the First Schedule shall consist of the area shown opposite thereto in the second column of that Schedule.
– (6) There shall be 768 Local Government Areas in Nigeria as shown in the second column of Part I of the First Schedule and six Area Councils as shown in Part II of that Schedule.

Thus, you cannot relocate a Local Government Headquarters and its secretariat to another location within the same Local Government Area without necessarily involving the creation of a new Local Government Area, which requires constitutional amendment.

Section 8 subsection 3(i)(ii)(b)(c)(d) of the Constitution provides that a bill for the creation of a new Local Government Area must be supported by two-thirds majority of representatives in both the House of Assembly and the Local Government Councils, approved in a referendum by two-thirds majority of the people, and ratified by resolutions of the House of Assembly. Similarly, boundary adjustments require legislative and council approvals.

Therefore, any proposal for relocating the headquarters of a Local Government Area without a constitutional amendment is a mere farrago of words and dead on arrival.

That said, I support proposals for the creation of more Local Government Areas in Cross River State, which is long overdue. The last exercise was in 1991 and 1996, making it 35 and 30 years respectively. Demographics have changed, and new realities have emerged. A Local Government Area like Yakurr should be split into six new Local Government Areas. The people of Ugep could then request the creation of Ugep North and Ugep South Local Government Areas out of Ugep Urban.

Conclusion:
The relocation of Local Government Headquarters in Nigeria is not a matter of administrative convenience but a constitutional issue. Any meaningful proposal must be backed by constitutional amendment. However, the pressing need today is not relocation but the creation of new Local Government Areas to reflect demographic realities and ensure effective governance.