LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Section 8(5) of 1999 Constitution — New Local Government Areas Cannot Become Operative Without National Assembly’s Consequential Act
PRINCIPLE STATEMENT
State laws creating new local government areas are valid but cannot be operative or have full effect until the National Assembly makes the necessary amendment to section 3(6) and Part I of the First Schedule to the Constitution.
RATIO DECIDENDI (SOURCE)
Per Uwais, CJN, in A.G., Lagos State v. A.G., Federation (2004) NLC-702004(SC) at pp. 33–34; Paras E–B.
"The Laws enacted by Lagos State that is Law No. 5 of 2002 and the 2004 Law are both valid Laws since the House of Assembly of Lagos State has the power under sections 4 subsections (6) and (7), 7 subsection (1) and 8 subsection (3) of the Constitution to legislate in respect of the creation of new local government areas and local government councils. However, in the context of section 8 subsection (5) and section 3 subsection (6) such Laws cannot be operative or have full effect until the National Assembly makes the necessary amendment to section 3 subsection (6) and Part I of the First Schedule to the Constitution."
EXPLANATION / SCOPE
State laws creating local governments are valid but inchoate without National Assembly action. The principle applies to constitutional law. The Assembly must amend the Constitution. The rule ensures federal constitutional consistency. The court will not recognise purely state-created local governments. The principle is well-established.