Contending Issues in the Niger Delta Crisis of Nigeria - Journal of ...

Chapter III: Contending Issues in Governance and Democracy at the Local
Government Level in Nigeria: Some Reflections on the Niger Delta Question
constitution, ensure their (local government councils) existence under
a law which provides for the establishment, structure, composition,
finance and functions of such councils’. Instructively, section 7(2)
provides that “the person authorized by law to prescribe the area over
which a local government council may exercise authority shall …
define such area as clearly as practicable …” Arising from the
pronouncements of section 7(2), these questions have to be asked;
(a) Who is the person or what institution is authorized by law to
prescribe the area over which a local government may exercise
authority,
(b) What necessitates the prescription over an area to become a
local government,
(c) Should section 7(2) be considered as the provision under which
local government can be created
(d) What role has ownership of resources on the creation of local
government
The constitution is clear when it said in section 8(3) that the state
house of Assembly has the responsibility for passing a bill for the
creation of new local government. Section 8(3) to section 8(5) gave
eight very vital hurdles for the state house of Assembly to cross. The
eight hurdles is for each state house of Assembly to make adequate
returns to both the Senate and The federal House of Representatives.
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