The Alimosho Local Government Council in Lagos has filed a lawsuit against the Lagos State House of Assembly in the Federal High Court, Abuja, claiming illegal interference in its operations. The council seeks a judicial ruling affirming that the Assembly and its Speaker lack constitutional authority to exercise oversight over the activities of the local government.
In the summons obtained by the News Agency of Nigeria, the council argues that the state assembly cannot oversee a democratically elected executive of a local government that has its own elected legislative council. The Chairman of the Council, Hon. Sulaimon Jelili, is co-plaintiff in the suit, which names the Speaker, the Attorney-General of Lagos State, the Inspector-General of Police, the Lagos State Commissioner of Police, and the State Security Service as respondents.
The suit, filed by their lawyer, Dr. Abdul Mahmud, aims to assert the autonomy and independence of local governments, citing a recent Supreme Court decision. The plaintiffs emphasize that local governments should not be treated as executive agencies of the state government, which would allow the Speaker, Hon. Mudashiru Obasa, to exercise oversight functions over them.
According to the allegations, the Assembly, under Speaker Obasa’s direction, passed a resolution on August 27, instructing the Council to terminate its contract with Mr. Omotolani Adedayo, who was responsible for collecting market tolls. The resolution further mandated that the Council enter into a contract with another individual, Mr. Ejigbadero Abiodun. The Speaker allegedly threatened the Council Chairman with suspension if he failed to comply.
In an affidavit from the Secretary of Alimosho Council, Dare Ogunkoya, he stated that the Council Chairman is constitutionally responsible for the establishment, maintenance, and regulation of markets within its jurisdiction. Ogunkoya mentioned that constituents had expressed their opposition to having Abiodun imposed by the Assembly to collect market tolls, and this was communicated to the Assembly through a letter dated September 4.
The plaintiffs assert that the Assembly’s actions amount to intimidation and usurpation of the Council Chairman’s powers. They seek a court declaration that, according to the combined interpretation of Sections 7 and Item 1(e) of the Fourth Schedule of the 1999 Constitution, they are the only body authorized to establish, maintain, and regulate markets within their jurisdiction. They also request a declaration that the Assembly’s resolution is null and void due to a lack of legal basis and that the Assembly has no authority to suspend the Council Chairman.
Speaking with NAN, Mahmud noted that court processes have been served to all respondents, although no hearing date has been set. He emphasized that the outcome of the case could establish a significant precedent for local government autonomy in Nigeria, especially following the recent Supreme Court ruling that granted such autonomy.
In a related development, the House of Assembly suspended the Council Chairman indefinitely on Monday, after allegations of misconduct and defiance of the legislative body. The Vice Chairman, Mr. Akinpelu Johnson, has been directed to assume control of the council’s affairs.
Mahmud criticized the Assembly’s decision to suspend his client as unconstitutional and a violation of the Supreme Court’s ruling on local government autonomy. He expressed concern that the Assembly’s actions, taken after being served with the court documents, are sub judice and reflect an attempt to undermine the judicial process. The lawyer vowed to resist the Assembly’s encroachment on the constitutional powers of the local government through legal means.
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