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Constitutionality of Local Council Development Areas in Nigeria (Published)

This paper examines the legality of Local Council Development Areas and similar bodies created by State Governments in Nigeria. The paper considers if the creation of Local Council Development Areas is in compliance with the provisions of the Constitution of the Federal Republic of Nigeria. It shows that while some State Governments renamed newly created Local Government Areas as Local Council Development Areas, some created Local Council Development Areas from the onset in a bid to avoid full compliance with the procedure stipulated by the Constitution for creation of Local Government Areas. It argues that although the State Government has constitutional powers to create Local Government Areas, it does not have the power to create Local Council Development Areas. This is because Local Council Development Areas are not listed in the Constitution of Nigeria.It considers the factors facilitating the creation of Local Council Development Areas including the failure of the Federal Government of Nigeria to challenge the creation and operation of such bodies and the reluctance of the Supreme Court of Nigeria in making a pronouncement against such illegal acts, thereby nipping it in the bud. The paper concludes that until these factors are addressed and the Federal Government rises up to its duty to defend the Constitution by challenging the illegality in the court of law, State Governments will continue to create Local Council Development Areas in violation of the provisions of the Constitution of Nigeria.

Keywords: Constitution, Local Government Area, house of assembly, local council development areas, national assembly