LG Autonomy: Alimosho LGA takes Legal action against Lagos parliament

The Alimosho LGA has filed a lawsuit against the Lagos House of Assembly at the Abuja Division of the Federal High Court, alleging undue and illegal interference in its activities.

In a copy of the summons obtained on Tuesday, the local government asked the court to declare that the parliament and its speaker have no constitutional power to oversee its activities.

The plaintiff urged the court to declare that the Lagos parliament cannot act as oversight over a democratically elected executive of a local government that has its own democratically elected legislative council.

The co-plaintiff in the suit is the LG chairman, Sulaimon Jelili, and the respondents are the parliament, the speaker, Lagos’ attorney general, the inspector general of police, the police commissioner in Lagos and the State Security Service.

In the suit filed by their lawyer, the plaintiffs, 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 Lagos parliament, led by the speaker, Mudashiru Obasa, vide a resolution dated August 27, instructed the chairman of the local government to disengage one of the council’s contractors, Omotolani Adedayo.

The local government contracted Mr Adedayo to collect market tolls. In the resolution, the state parliament directed the council that, after disengaging Mr Adedayo, it should enter into a formal contractual agreement with another contractor, Ejigbadero Abiodun.

The speaker allegedly threatened that he would be suspended if the council chair refused to comply with the resolution and the parliament’s directive.

In an affidavit deposed to by the secretary of Alimoso local government, Dare Ogunkoya, he said the chairman was constitutionally saddled with the duties and functions for establishing, maintaining and regulating markets, parks and garages within its jurisdiction.

On numerous occasions, Mr Ogunkoya said that his constituents had approached the council and did not want the said Mr Abiodun, being imposed by the parliament, to collect tolls in the market.

He said the complaint by the constituents was communicated to the Assembly through a letter dated September 4 by the plaintiffs.

According to him, the action of the Lagos parliament 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 parliament’s resolution was 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 LG chairman. They urged the court to restrain the defendants from suspending the council chairman.

“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,” said the council’s attorney. “The court’s interpretation of the questions put before it will further strengthen earlier decisions on the autonomy of local government.”

On Monday, the Lagos parliament suspended the embattled council chairman indefinitely. The decision, reportedly reached during Monday’s plenary session, came after lawmakers voted unanimously to remove Mr Jelili over allegations of misconduct and defiance of the legislative House.

The deputy chair of the LG, Akinpelu Johnson, was directed to assume control of the council’s affairs.

Reacting to the development, however, Mr Mahmud said the purported suspension of his client was unconstitutional and constituted a blatant affront to the Supreme Court’s recent decision, 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 speaker’s coercive actions and the parliament’s encroachment on the local government’s constitutional powers would be resisted within the bounds of laws.