Making extract of parts of the resolutions of the Senate Committee on the amendment of 1999 Constitution, the Nation newspaper in its Sunday edition of August 8, 2021 reported that the Senate (Senate Committee on the amendment of the 1999 Constitution) has proposed the creation of 20 new States.
The report was received accros the country as one of the greatest achievements of Ahamad Ibrahim Lawan’s Senate.
And while the news travelled within the country at the speed of light and Nigerians who were so “gratified” started rejoicing and thanking God for the wisdom of the Senate, a Press Statement which sounded as the Senate intention to exonerate self from supporting the creation of 20 new States was released into the social media space few hours after the Nation newspaper report on new State creation was published.
As Nigerians read the Press Statement between lines as signed by the Senate Spokesperson Chairman and Senate Committee on Media and Public Affairs, Senator Ajibola Basiru, they found no objection or contrary report vis-à-vis what the Nation newspaper earlier reported.
As stated below, the Senate Spokesperson explained the process of State creation by saying: “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”.
For purpose of reportage, the Nation newspaper paraphrased the resolution of the Senate Committee on the amendment of the 1999 Constitution as follows: “What the Senate Committee has recommended is to amend the constitution to empower INEC to conduct the referendum on state creation.
” When INEC gets the constitutional mandate, we can then invoke Section in Part 1 of Chapter 1 of the 1999 Constitution”.
As some Nigerians compared and analysed the Senate Press Statement Vis-à-vis the Nation newspaper report, they still rate it as an unnecessary verbosity which rather wasted much time to say exactly what the newspaper said in other words.
FIND BELOW THE FULL CONTENT OF THE NATION NEWSPAPER REPORT:
Senate Committee proposes 20 new states
By Yusuf Alli, Managing Editor, Northern Operation
The agitation for the creation of more states in the country is about to enter a new phase.
This follows the recommendation by the Senate Committee on Constitution Review that referendum be conducted for 20 new states by the Independent National Electoral Commission (INEC).
The Nation gathered yesterday that the committee’s decision was reached after considering various factors including the ability of civilian administration to create states.
It recalled that the defunct Mid-Western Region was created in 1963 in the First Republic.
To check tax evasion, the Senate panel also approved the amendment of the 1999 Constitution to allow for the creation of Federal Revenue Court.
There will be about five revenue courts to deal with all tax issues nationwide, especially cases involving multinational firms.
A highly placed source said the Senate panel will soon meet with the House of Representatives Committee on Constitution Review for joint consultations on some of the approved amendments.
Creation of new states tops the list of amendments to the 1999 Constitution.
Although less than five of the current 36 states are economically viable, it was gathered that the Senate Committee was determined to respect what it termed “the genuine desire of Nigerians.”
The list of requests for new states is quite long but sources said referendum may be conducted for no fewer than 20 states.
Some of the requests are ITAI State (fromAkwa Ibom State); State status for the FCT; Katagum State from Bauchi State; Okura State from Kogi East; Adada State from Enugu State; Gurara State from Kaduna South; and Ijebu State from Ogun State
Others are Ibadan State from Oyo State; Tiga State from Kano State; Ghari State from Kano State; Amana State from Adamawa; Gongola State from Adamawa; Mambilla State from Taraba State; Savannah State from Borno State; and Okun state from Kogi State.
Those on the list include Etiti State from the South East Zone; Orashi State from Imo and Anambra states; Njaba from the present Imo State or the excision of Aba State from Abia State; Anioma State from Delta State; Torogbene and Oil River States, from Bayelsa, Delta and Rivers states; and Bayajida State from parts of Katsina, Jigawa and Zamfara states.
The source said:”The Senate Committee on Constitution Review has seen the desirability of creating new states which may even solve the nation’s present security challenges.
“What the Senate Committee has recommended is to amend the constitution to empower INEC to conduct the referendum on state creation.
” When INEC gets the constitutional mandate, we can then invoke Section in Part 1 of Chapter 1 of the 1999 Constitution.
“We are talking of referendum for less than or about 20 new states.”
Responding to a question, the source added:
“The procedures for creating new states may be cumbersome but realizable.
“At the committee level, it was obvious that a civilian administration is better placed to create new states than any other form of government. In fact, the defunct Mid-Western Region was created in 1963 during the First Republic.
” In this Fifth Amendment to the 1999 Constitution, the National Assembly can create new states if the conditions are met.”
Section in Part 1 of Chapter 1 of the 1999 Constitution states the conditions as follows:
“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 if the following –
(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.
“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.
” The result if 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
” The proposal is approved by a resolution passed by two-thirds majority of members of each House of the National Assembly.”
It was also gathered that the Senate Committee on Constitution Review recommended the establishment of Federal Revenue Court, including five branches to adjudicate on tax-related issues.
Another source said:” The establishment of the court will accelerate cases involving tax defaulters, under-declaration of returns, and other abuses by local and multinational companies.
” The constitution will be amended to accommodate this specialized court.”
Asked when the Senate and the House of Representatives Committees will meet, the source added: “Before the end of the month.”
The last state creation in Nigeria took place on October 1,1996 when the late military Head of State, General Sani Abacha, announced the emergence of Bayelsa, Ebonyi, Ekiti, Gombe, Nasarawa and Zamfara.
FIND BELOW THE FULL TEXT OF THE NIGERIA SENATE PRESS STATEMENT ON THE ABOVE NATION NEWSPAPER NEWS REPORT:
PRESS STATEMENT
Senate Committee did not propose creation of 20 New States
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 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
Signed
Senator Ajibola Basiru Ph.D.
Senate Spokesperson
Chairman, Senate Committee of Media and Public Affairs
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