Senate panel refers bills on state creation to INEC for referendum – Ajibola

By AdvocateNews on 08/08/2021

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The Senate Committee on Constitution Review said it only received and referred bills on state creation to the Independent National Electoral Commission (INEC) for referendum.

The committee clarified it is not in a position to recommend or propose creation of any State unless there is compliance with the provisions of Section 8 of the 1999 Constitution.

It said that there is no proposal yet on 20 new States.

The Chairman, Senate Committee of Media and Public Affairs, Sen. Ajibola Basiru made the clarifications in a statement in Abuja.

Ajibola, who is a member of the Constitution Review Committee, said the panel decided to refer the requests received to INEC in line with constitutional provision.

But Ajibola was silent on the list of new state creation requests the committee referred to INEC for referendum.

He spoke against the backdrop of media reports on state creation.

The statement said: “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 propose 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 of 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.”

Posted 08/08/2021 4:07:21 PM


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