CONSTITUTIONAL LAW — Section 8(5) of 1999 Constitution — National Assembly’s Role in Creation of Local Government Areas Is Consequential and Mandatory
Principle Statement
An Act of the National Assembly passed in accordance with this section shall make consequential provisions with respect to the names and headquarters of States 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.
Ratio Decidendi (Source)
Per Uwais, CJN, in A.G., Lagos State v. A.G., Federation (2004) NLC-702004(SC) at p. 16; Paras E–A.
"An Act of the National Assembly passed in accordance with this section shall make consequential provisions with respect to the names and headquarters of States 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."
Explanation / Scope
The National Assembly has a consequential and mandatory role in local government creation. The principle applies to constitutional law. The Assembly must make provisions for names and headquarters. The rule ensures federal oversight. The court will enforce this mandatory duty. The principle is well-established.
