by While the Cross River State House of Assembly bears the critical responsibility of creating additional Local Government Areas, it appears to be neglecting its primary duty: legislating for the peace, order, and good governance of the State. Instead of proactively fulfilling its constitutional mandate under Section 8 (3) of the 1999 Constitution, which empowers it to create new local government areas subject to National Assembly approval, the House seems to be disengaged.
It is pertinent to reproduce here section 8 subsection 3(a)(i)(ii)(b)(c)(d)of the Constitution of the Federal Republic of Nigeria (supra) thus:
A bill for a Law of a House of Assembly for the purpose of creating a new local government area 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 local government area) in each of the following, namely –
(i) the House of Assembly in respect of the area, and
(ii) the local government councils in respect of the area,
is received by the House of Assembly;
(b) a proposal for the creation of the local government area is thereafter approved in a referendum by at least two-thirds majority of the people of the local government area where the demand for the proposed local government area originated;
(c) the result of the referendum is then approved by a simple majority of the members in each local government council in a majority of all the local government councils in the State; and
(d) the result of the referendum is approved by a resolution passed by two-thirds majority of members of the House of Assembly.
The Assembly’s actions, such as the superficial amendment of the Cross River State Independent Electoral Commission Law and the recent amendment to the Local Government Law that undermines local government autonomy despite Supreme Court rulings, suggest a pattern of regression rather than progress.
The alleged suspension of a local government councillor for asserting his independence further reinforces the perception that the House of Assembly has become a tool for oppression, hindering rather than fostering good governance.
Disclaimer: The opinion expressed in this article is strictly that of the author, Okoi Obono-Obla, and does not represent TheLumineNews, its agent or the organization the author works for.
