State Creation Agitations Grow, But Legal Hurdles Stall Fresh States

Nigeria’s State Creation Demands Face Tough Constitutional Test

Agitations Persist Despite 36-State Structure

RENEWED demands for the creation of additional states have continued to gain momentum across Nigeria, but constitutional provisions and questions about economic sustainability remain major obstacles to achieving that objective.

Although the country has expanded from four regions in 1963 to its current 36-state structure, every state created after the Midwest Region emerged under military administrations through decrees that bypassed the rigorous constitutional procedures now required under democratic governance.

Today, groups across the six geopolitical zones continue to advocate for new states, citing issues of equity, representation, political inclusion and developmental balance. The South-east, which remains the only geopolitical zone with five states, has consistently argued for an additional state to place it on equal footing with most other regions.

Constitution Prescribes Lengthy Approval Process

Unlike the military era, the 1999 Constitution lays out an elaborate multi-stage process before any new state can be created.

Under Section 8 of the Constitution, a proposal must first receive the endorsement of at least two-thirds of lawmakers representing the affected area at the National Assembly, members of the relevant State House of Assembly, and local government councils.

The proposal must then secure approval through a referendum involving at least two-thirds of eligible voters in the affected area before proceeding to endorsement by a majority of states and their legislatures. The final stage requires a two-thirds majority in both chambers of the National Assembly.

Constitutional review committees have repeatedly stressed that none of the current proposals has successfully fulfilled these requirements.

Referendum Requirement Remains Biggest Obstacle

Constitutional experts identify the referendum stage as the greatest challenge confronting state creation campaigns.

Nigeria has historically struggled with voter turnout and has recorded no successful referendum under the current democratic dispensation. Similar constitutional provisions governing the recall of elected officials have never been successfully completed, reinforcing concerns about the practicality of meeting the constitutional threshold.

The complexity of the process has effectively prevented rapid expansion of Nigeria’s subnational structure.

Dozens of Proposals Await Action

The 10th National Assembly has received numerous proposals for new states from virtually every geopolitical zone.

Among them are Anioma, Warri and Ogoja in the South-south; Aba, Adada, Etiti and Orlu in the South-east; Ibadan, Ijebu and Lagoon in the South-west; as well as several proposals from Kogi, Benue, Kaduna, Kano, Adamawa and other northern states.

However, disagreements over proposed boundaries, geopolitical affiliations and administrative structures have complicated several requests.

Economic Viability Also Raises Concerns

Beyond constitutional barriers, fiscal sustainability has become another major concern.

Many existing states remain heavily dependent on monthly allocations from the Federation Account Allocation Committee (FAAC), with limited internally generated revenue.

Analysts argue that creating additional states without improving economic self-sufficiency could place greater financial pressure on the federation.

While constitutional review committees have suggested creating one additional state in Southern Nigeria as a compromise to address regional imbalance, any proposal must still satisfy the stringent constitutional conditions before becoming reality.