Judiciary
THE Alimosho Local Government Council, Lagos has dragged the State House of Assembly before a Federal High Court, Abuja alleging undue and illegal interference in its activities.
In a copy of the summon obtained by the News Agency of Nigeria (NAN) on Tuesday in Abuja, the Council asks the court to hold that the Assembly and the Speaker has no constitutional power to perform oversight functions over its activities.
The plaintiff urged the court to hold that the state assembly cannot act as oversight over a democratically elected executive of a local government that has its own democratically elected legislative council.
Co-plaintiff in the suit is the Chairman of the Council, Hon. Sulaimon Jelili, while the respondents included the State Assembly, the Speaker, Attorney-General of Lagos State, Inspector-General of Police, Lagos State Commissioner of Police and the State Security Service.
The plaintiffs, in the suit filed by their lawyer, Dr Abdul Mahmud said the essential kernel of the case was to assert the autonomy and independence of local governments, pursuant to the recent decision of the Supreme Court.
“The point the suit emphasises is that local governments are not executive agencies of the Lagos state government that the Speaker, Hon Mudashiru Obasa, can exercise oversight functions over.
“The local government, as a separate arm of government, has its legislative arm that rightly regulates those areas like markets that the Constitution has donated powers,” they contended
On the facts of the suit, the plaintiffs alleged that the Assembly, led by Speaker Obasa, vide a resolution dated Aug. 27, instructed the Chairman of the local government to disengage one of the Council’s contractors, Mr. Omotolani Adedayo.
Adedayo was contracted by the Council for collection of market tolls.
In the resolution, the Assembly directed the Council that, after disengaging Adedayo, it should enter into a formal contractual agreement with one Mr. Ejigbadero Abiodun.
The Speaker allegedly threatened that, if the Council Chairman refused to comply with the
resolution and the directive of the house, he would be suspended.
In an affidavit deposed to, by the Secretary of Alimoso Council, Dare Ogunkoya, he said, the Council Chairman is constitutionally saddled with the duties and functions for establishment, maintenance and regulation of markets, parks and garages within its jurisdiction.
Ogunkoya said that his constituents had, on numerous occasions, approached the council that they did not want the said Abiodun, being imposed by the Assembly, to collect tolls in the market.
He said the complaint by the constituents was communicated to the Assembly through a letter dated Sept. 4 by the plaintiffs.
According to him, the action of the Assembly amounted to intimidation and usurpation of powers of the Council Chairman.
The plaintiffs therefore sought the court declaration that, by the combined reading and interpretation of Sections 7 and Item 1(e) of the fourth Schedule of the 1999 Constitution, they are the only body permitted by the constitution to establish, maintain and regulate markets within their jurisdiction.
They sought the court declaration that the resolution of the Assembly is null and void for having no basis in law.
The plaintiffs also urged the court to declare that the Assembly has no constitutional powers to suspend the Council Chairman.
They urged the court to restrain the defendants from suspending the Council Chairman.
Speaking with NAN, Mahmud, the plaintiffs lawyer said the court processes had been served on all the respondents, but no date has been fixed for its hearing.
The lawyer noted that the resolution of the matter would set another precedent in the nation’s Jurisprudence, as it relates to Local Government autonomy.
“The suit is coming on the heels of the recent Supreme Court decision in Suit No: SC/CV/343/2024 AG Federation V AG Abia State & 35 Ors which granted autonomy to local government.
“The existence and independence of the Local Government is still under threat from various quarters.
‘The Court’s interpretation of the questions put before it, will further strengthen earlier decisions on the autonomy of local government” he said.
Meanwhile, NAN reports that the House of Assembly on Monday suspended the embattled Council Chairman, indefinitely
The decision, which was reportedly reached during Monday’s plenary session, came after lawmakers voted unanimously to remove Sulaimon over allegations of misconduct and defiance of the legislative House.
The Vice Chairman of the Council, Mr. Akinpelu Johnson, was directed to assume control of the council’s affairs.
Reacting to the development, however, Mahmud said the purported suspension of his client was unconstitutional and constituted blatant affront on the recent decision of the Supreme Court which affirmed the autonomy of local government under the 1999 Constitution.
He added that the action of the legislative house and the Speaker, when they had been served with the court document, is subjudice, and a deliberate attempt to ambush and foist helplessness on the court.
The lawyer assured that the coercive actions of the Speaker and the encroachment of the Assembly on the constitutional powers of the local government, would be resisted within the bounds of laws.(NAN)
A.I
Oct. 8, 2024
Tags: Dare Ogunkoya Hon. Sulaimon Jelili Mr. Ejigbadero Abiodun. Mr. Omotolani Adedayo.
