Under the 1999 constitution of Nigeria, the power to create local governments is vested in the .....

Analyze the question: It asks which body has the constitutional power to create local governments under the 1999 Constitution of Nigeria.

Explain the concept: Nigeria operates a federal system with three tiers of government: Federal, State and Local. Local governments are a creation of the states, not the federal government. Section 7 of the 1999 Constitution guarantees the system of local government by democratically elected councils. Section 8 sets out how new local governments are created:

• A State House of Assembly must first propose the creation of a new local government area (LGA). It does this through a bill supported by at least two-thirds of the members.
• A request for the creation must be supported by at least two-thirds of the representatives from the area concerned. This covers the House of Assembly members, the National Assembly members and the local government councillors.
• A referendum is held in the affected area, and at least two-thirds of the people must approve.
• The result is approved by a simple majority of all the LGAs in the state.
• The State House of Assembly then approves it.
• Finally, the National Assembly must approve the creation. It also has the power to amend Section 3 and its list of LGAs.

Step-by-step reasoning:

• C. Office of the deputy governor has no legislative power, so it is out.
• D. Presidency is the executive arm. It does not make laws or create local governments, so it is out.
• B. National Assembly plays a role in approving and amending the list of LGAs. However, the process starts in the state, and the 1999 Constitution gives the state the primary responsibility to create local governments.
• A. State Assembly initiates and passes the law creating local governments within the state. This is the answer JAMB expects.

Note on a nuance: Strictly speaking, the final step also involves the National Assembly, because the constitution lists the LGAs and that list must be amended. This is why some students are tempted by B.

Answer: A. State Assembly

Exam tip: Remember "Local governments are born in the State." The State Assembly starts the process, and the National Assembly only confirms the list. If a JAMB question asks who creates LGAs, choose State Assembly. If it asks who creates states, choose National Assembly.