The dust raised by suspension of the chairman of Alimosho Local Government Area, Jelili Sulaimon, may not settle any moment soon after the suspended council chairman approached a Federal High Court, Abuja, to reverse the lawmakers order on him.
The lawmakers, on their part, have indicated plans to defend their decision on the council chairman through legal means even after the chairman has maintained that the Lagos State House of Assembly was illegally interfering in its activities.
They both signalled this on Tuesday, barely 24 hours after the council chairman was suspended for turning the lawmakers’ directives to ensure peace and harmony within the council.
As gathered, the crisis that led to the chairman’s suspension started following disagreement over alleged revenue generated within the council between Jelili and a chieftain of the All Progressives Congress (APC) identified as Ejigbadero.
The Council chairman, who was not satisfied with his second suspension after three years, asked the court to hold that the Assembly and the Speaker have 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.
In the suit filed by his lawyer, Dr Abdul Mahmud, the suspended chairman 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, 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.
Speaking with newsmen, Mahmud, the plaintiff’s 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.
Responding to the suit, the lawmakers asked suspended chairman, and his lawyer, Dr. Abdul Mahmud, to recognise the place of law rather than sentiments and emotions as guiding principles of legislative practices in Lagos State.
The House, in the reaction signed by Stephen Ogundipe,
chairman, Committee on Information, Strategy and Security, further advised Jelili against ascribing self-made meanings to the laws empowering the lawmakers act where necessary in the interest of the people.
Ogundipe, in a statement made available to newsmen, said: “In his race to the public to ‘garner’ sentiments, Jelili’s lawyer forgot to remember that there are no local government areas that created themselves. In other words, the creation of a local government follows strict processes of the law and Section 7 of the 1999 Constitution of Nigeria (as amended) creates the path to knowledge about this.
“The system of local government by democratically elected local government councils is under this Constitution guaranteed; and accordingly, the Government of every State shall, subject to Section 8 of this Constitution, ensure their existence under a Law which provides for the establishment, structure, composition, finance and functions of such councils.” Does this answer a question from the arguments of Jelili’s lawyer as to who has the power to create laws that regulate the activities of local government councils and their administration?
For better understanding, that section provides for the existence of: democratically elected system of Local Government to be guaranteed by a law of the State House of Assembly.
The same section provides that the House of Assembly is required to make provisions for statutory allocation of public revenue to Local Government Councils in a State. Section 8(3) highlights the procedure to be undertaken by a State House of Assembly in the creation of a new Local Government Area(s) in a State while Section 8(4) highlights the procedure to be undertaken by a State House of Assembly, through law, in the boundary adjustment of existing Local Government Areas.
Now, Section 162 (8) of the Constitution stipulates that a Law of the State House of Assembly shall provide for the distribution of monies standing to the credit of Local Government councils in a State.
Maybe we should remind him, his client and those travelling with him that Section 128 of the same Constitution further gives clarity to the powers of the House of Assembly.
“Subject to the provisions of this Constitution, a House of Assembly shall have power by resolution published in its journal or in the
office Gazette of the Government of the State to direct or cause to be directed an inquiry or investigation into -(a) any matter or thing with respect to which it has power to make laws.
Here and based on the above constitutional provision, we are moved to ask again: who is legally guaranteed to make the law that creates the running of the local government? It is definitely not the National Assembly which is granted the constitutional powers to create states and not local governments.
This brings us to the Lagos State Local Government Administration Law (as amended) upon which the creation, administration and related activities of the local government system of Lagos State are based.
For better public information and effective knowledge, Section 24(a) of the amended law gives powers to the Lagos State House of Assembly to pass a resolution for the removal or suspension of any chairman, vice chairman, or official of any local government area (LGA) or local council development area (LCDA) after conducting an investigation. It states further that all that is needed for this resolution is a simple majority of the Assembly members. This emphasis is further highlighted in Section 5 of the law.
The amendment aims to ensure accountability and maintain order within the local government structure in Lagos State.
With this level of enlightenment as to the position of the laws guiding the administration of local government councils, it is further important to avoid misinformation or misrepresentation of the recent Supreme Court judgement concerning local governments in Nigeria. There is a marked difference between financial autonomy (upon which the lawyer’s argument rests) and administrative powers of the House. The rush to churn out a defence armed, albeit, with inferior understanding of the Supreme Court judgement does not give a sufficient case against the action of the House of Assembly.
The Local Government Administration law from which the council chairman and other elected officials of the local government system derive their powers is a product of the House of Assembly. The office of the Auditor-General for Local Governments that monitors the financial activities of this third tier of government is created by the law made by the Lagos State House of Assembly.
The Local Government Service Commission which handles issues relating to the officials of local governments is a creation of the House of Assembly. The Lagos State Independent Electoral Commission (LASIEC) that conducts elections into elective offices at the local government level is a creation of the House of Assembly. Therefore, jettisoning these facts will amount to a poor knowledge of the legislature. If you say the Lagos State House of Assembly does not have the power over local governments, it means all these laws created by the House should not be in place. If the laws should not be in place, then why would local governments exist?
We learnt that in a bid to protect the chairman, the councillors of the Alimosho Local Government Area hurriedly suspended the Vice Chairman, Akinpelu Johnson. To show how laughable this is, it is good to note that the law guiding them does not have a provision for suspension. The Local Government Administration law gives them the opportunity to remove a chairman or vice chairman but this also comes with a process. Thus, the suspension of Johnson is simply invalid. It is therefore necessary to remind the council leader that he can also be removed in line with the Local Government Administration law of Lagos State. If he does not know this, then, it is a pity.
For the few trying to juxtapose the functions of the National Assembly with those of the House of Assembly in this case, they should take a chill pill and request to be tutored. The National Assembly cannot interfere with the runnings of a State. It is not a part of its duty. On the other hand, the constitution grants the State House of Assembly powers over the local governments.
“It is to be noted that this is not the first time the Lagos State House of Assembly would be suspending the same council chairman. In May 2021, he was suspended with two others by the House for their total disregard for the local government guidelines created by the State Legislature.
“While we urge against mawkishness, we would also like to task residents of the council and members of the public not to allow themselves be swayed by positions and opinions that are opposite the law in this regard”.
