Lagos State House of the Assembly has maintained that the suspension of the Chairman of Alimosho Local Government, Jelili Sulaimon, over alleged misconduct followed legal and due processes.
By Emma Ogbuehi
The Lagos State House of the Assembly has maintained that the suspension of the Chairman of Alimosho Local Government, Jelili Sulaimon, over alleged misconduct followed legal and due processes.
The insistence by the House comes on the backdrop of Alimosho Local Government Council, dragging the State House of Assembly before a Federal High Court, Abuja alleging undue and illegal interference in its activities.
The move by the council tallies with claims by Dr Abdul Mahmud solicitor to the suspended Chairman, on the action by the Assembly, describing it as “illegal and unconstitutional”.
Mahmud, in a statement signed on behalf of the Levite Solicitors and Arbitrators, made available to pressmen, condemned the action of the Speaker, Mudashiru Obasa.
The statement read in part: “We, Attorneys to Hon Mr. Jelili Sulaimon, Chairman, Alimosho Local Government Area and Alimosho Local Government Council, unequivocally condemn the decision of Rt Hon Obasa, Speaker of the Lagos State House of Assembly (LSHA) and the Lagos State House of Assembly, to suspend the Chairman of Alimosho Local Government, Hon. Jelili Sulaimon, and direct the Vice Chairman to take over his functions immediately.
“The decision is not only illegal and unconstitutional, but it also constitutes a blatant affront to the recent decision of the Supreme Court of Nigeria, which affirmed the autonomy and independence of local governments under the Constitution of the Federal Republic of Nigeria, 1999 (with fifth alterations).”
However, the Assembly in a press statement issued by the Chairman, House Committee on Information, Strategy and Security, Olukayode Ogundipe, in response, faulted the lawyer for his “rhetoric and half-baked details.
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Ogundipe stressed that the decision to suspend the Chairman was done in conformity with the rule establishing the local governments and powers vested in the Assembly by the Constitution of the Federal Republic of Nigeria
He added that “Beyond the sensational rhetoric and half-baked details in the statement that is replete with emotions rather than deep thoughts, it is pertinent to break down the real situation and puncture arguments as to the powers of the House to suspend Mr Jelili.”
Ogundipe asserted that “in his race to the public to garner sentiments, Sulaimon’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: a 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 the 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.
“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.”
He also clarified that, if the governor does not act on this resolution within seven days, the House can override this inaction with a two-thirds majority vote, effectively removing or suspending the chairman or vice chairman immediately.
Ogundipe continued: “This amendment aims to ensure accountability and maintain order within the local government structure in Lagos State. For a detailed exploration of this law, you can refer to the full text on the Lagos State Government website.
“With this level of enlightenment as to the position of the laws guiding the administration of local government councils, it is 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 sufficient case against the action of the House of Assembly.”
He stressed that it was not the first time the Lagos State House of Assembly would suspend the same council chairman, recalling that 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.
In conclusion, “While we urge against mawkishness, we would also like to ask residents of the council and members of the public not to allow themselves be swayed by positions and opinions that are opposite to the law in this regard,” Ogundipe stated.
Alimosho Council urged the Federal High 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.