Constitution Review: At last, Senate opens up on states creation

 

The Senate on Sunday declared that it has not recommended any of the states agitated for by some Nigerians in the report to be submitted by Constitution Review Commitee.
Senate’s declaration is sequel to a report by one of the National Dailies that 20 new states are being recommended by the upper legislative chamber for creation out of many of such , requested for by different groups in Nigeria during memoranda submissions to the Senate Commitee on Constitution Review headed by the Deputy President of the Senate , Senator Ovie Omo – Agege.


In a rebuttal issued and signed by the spokesman of the Senate ,Senator Ajibola Basiru (APC Osun Central), none of the series of states agitated for through memoranda submitted, is recommended for, in the committee’s report.
Senator Basiru who is a member of the committee, said the Commitee going by provisions of section 8 of the 1999 Constitution, cannot make any recommendation for state creation without following the laid down procedure which start with referendum where two third of people residing in an area where a new state is to be created , must voted yes.
The referendum he explained further, will be conducted by the Independent National Electoral Commission (INEC) and also supported by 2/3 of members of the National Assembly and at least 24  out of the 36 States Houses of Assembly. The rebuttal titled: ” Senate Committee did not propose creation of 20 New States” reads ” Our attention has been drawn to a media report that the Senate Committee of Review of 1999 Constitution has proposed the creation of additional 20 States. 
“The report is a gross misrepresentation of the decision of the committee on the request for creation of more states. Far from recommending creation of any state, the Senate Committee, while acknowledging receipts of several Bills proposing creation of new states, decided that it is not in a position to recommend or proposed the creation of any state unless there is compliance with the provisions of section 8 of the 1999 Constitution of the Federal Republic as amended. 


“For ease of reference, Section 8 of the Constitution provides: An Act of the National Assembly for the purpose of creating a new State shall only be passed if-(a) a request, supported by at least two-thirds majority of members (representing the area demanding the creation of the new State) in each of the following, namely -(i) the Senate and the House of Representatives, (ii) the House of Assembly in respect qof the area, and(iii) the local government councils in respect of the area, is received by the National Assembly;
“(b) a proposal for the creation of the State is thereafter approved in a referendum by at least two-thirds majority of the people of the area where the demand for creation of the State originated;
“(c) the result of the referendum is then approved by a simple majority of all the States of the Federation supported by a simple majority of members of the Houses of Assembly; and (d) the proposal is approved by a resolution passed by two-thirds majority of members of each House of the National Assembly.


“In view of the above, the Senate Committee is not in a position to propose creation of any state as reported. Rather the committee decided to refer the requests received to Independent National Electoral Commission to ensure compliance with section 8 of the Constitution by conducting referendum in the areas if the requests supported by at least two-thirds majority of members (representing the area demanding the creation of the new State) in  the Senate,  the House of Representatives and the House of Assembly in the area. 
“The above clarifications are imperative to set the record straight “
It would be recalled that during memoranda submissions , both the Senate and House of Representatives Committees on Constitution Review , received states creation agitations like Adada from Enugu, Oke – Ogun from Oyo, Okura from Kogi, Gurara from Kaduna, Okun from Kogi, Katagum from Bauchi states etc.