LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Creation of Local Government Areas — State Law Creating New Local Government Areas Is Valid but Inchoate Until National Assembly Makes Consequential Provisions
PRINCIPLE STATEMENT
A state law creating a new local government area is not enough. The State must submit returns to the National Assembly, which must amend section 3(6) of the Constitution for the new local government to be accommodated. The exercise by the State House of Assembly is inchoate.
RATIO DECIDENDI (SOURCE)
Per Uwais, CJN, in A.G., Lagos State v. A.G., Federation (2004) NLC-702004(SC) at p. 17; Paras D–E.
"The passing of a bill by a House of Assembly creating a local government area or local government council in accordance with section 8 subsection (3) of the Constitution is not enough, the State will have to go a step further by submitting returns to the National Assembly which in turn will have to amend section 3(6) of the Constitution for the new local government area to be accommodated by the Constitution. In other words, the exercise by the State House of Assembly in passing the necessary bill creating a new local government or local government area is inchoate."
EXPLANATION / SCOPE
State creation of local government is inchoate without National Assembly action. The principle applies to constitutional law. The Constitution must be amended to accommodate new local governments. The rule ensures federal oversight. The court will not recognise purely state-created local governments. The principle is well-established.
