The Impediments to the Creation of New Local Government Areas Under the 1999 Constitution in Nigeria

This work investigates the constitutionality of the power for the creation of new Local Government Areas under the 1999 Constitution in Nigeria. It posits that the purpose of the grant of such power as “quasiexclusive legislative preserve” to the State is to enable the Local Communities have ease opportunity to push home the demand for the local authorities of their choice as one of the cardinal principles of Federalism. The work equally examines the constitutional basis of the National Assembly in making Consequential Provisions as assent to the constitutional exercise of the power vested in the State and how the National Assembly has exercised this power to veto the valid law of the State. This is what brought the principle of Inchoate in the Supreme Court decided case exposing the obstacle to the creation of new local government areas under the constitution and therefore a basic constitutional issue. Finally, this work argues for constitutional reform in relation to the creation of new local government areas while comparing the Nigerian constitutional procedures with that of other States