By Our Reporter
Senior Advocate of Nigeria, Dr Monday Ubani, has applauded Hon. Obi Aguocha, member representing Ikwuano/Umuahia Federal Constituency, for sponsoring a bill seeking the creation of Ikwuano North and Ikwuano South Local Government Areas from the existing Ikwuano LGA in Abia State.
The bill, which recently scaled its First Reading at the House of Representatives, has been widely celebrated by indigenes at home and abroad, many of whom have long argued that Ikwuano’s vast size and population make effective governance difficult under a single local council.
Comprising four major clans — Oloko, Oboro, Ariam, and Ibere — Ikwuano is one of the largest local governments in Abia State, both geographically and demographically. The move to divide it is viewed as a long-overdue step toward decentralization and equitable development.
Ubani described Aguocha’s initiative as “patriotic and forward-looking,” noting that it aligns with campaign promises made by both the lawmaker and Governor Alex Otti during the 2023 elections. However, he cautioned that the process must begin at the state level to comply with constitutional requirements.
“The 1999 Constitution, under Section 8, is very clear on how a new local government can be created,” Ubani explained. “It must start with the State House of Assembly after a formal request supported by the majority of representatives from the area, followed by resolutions of the affected local government councils and a referendum conducted by INEC.”
He added that even after the state-level approval and gubernatorial assent, the creation remains incomplete until the National Assembly amends the Constitution to include the new local government areas in the First Schedule.
Citing the Supreme Court’s decision in Attorney-General of Lagos State v. Attorney-General of the Federation (2003), Ubani emphasized that while states may create local government development areas, such creations remain “inchoate” until recognized by the National Assembly.
“The lesson from the Lagos case is clear,” he said. “States have the power to create new local governments, but those councils only become constitutionally recognized after federal approval through constitutional amendment.”
Ubani therefore urged Hon. Aguocha to collaborate with Governor Otti to initiate the process from the Abia State House of Assembly. “An Executive Bill from the governor, backed by the state legislature, will provide a solid foundation. Thereafter, the National Assembly can handle the constitutional inclusion,” he advised.
The legal expert expressed confidence that Governor Otti, known for his reform-minded leadership, would support the move. He stressed that the creation of Ikwuano North and South LGAs would bring governance closer to the grassroots, ensure fair resource distribution, and accelerate development across the four clans.
“This initiative is both constitutionally attainable and socially desirable,” Ubani said. “It represents a major step toward better governance and community growth. Ikwuano deserves it, and now is the time to do it right.”
