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 is contesting the Assembly's authority to perform oversight functions over its activities, asserting that it, as a democratically elected body, should operate independently from the state legislature.
In the lawsuit, co-plaintiff and Chairman of the Council, Hon. Sulaimon Jelili, alongside other parties, argues that the state assembly lacks constitutional power to oversee a local government that has its own elected legislative council. The suit emphasizes the autonomy and independence of local governments, citing a recent Supreme Court ruling that affirmed their status.
The plaintiffs, represented by their lawyer Dr. Abdul Mahmud, highlight that local governments are not executive agencies of the state government. They argue that the Assembly's attempts to dictate the Council's contractual relationships amount to intimidation and usurpation of the Chairman's powers.
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The case stems from a resolution by the Assembly on August 27, which instructed the Council to disengage a contractor, Mr. Omotolani Adedayo, and enter into a contract with another individual, Mr. Ejigbadero Abiodun. The Assembly's Speaker, Hon. Mudashiru Obasa, allegedly threatened the Council Chairman with suspension for non-compliance with this directive.
In an affidavit submitted by Alimosho's Council Secretary, Dare Ogunkoya, it is stated that constituents expressed dissatisfaction with the Assembly's imposition of Abiodun as a toll collector. The plaintiffs argue that only they, as defined by Sections 7 and Item 1(e) of the Fourth Schedule of the 1999 Constitution, have the authority to establish, maintain, and regulate markets within their jurisdiction.
The plaintiffs seek several declarations from the court, including the invalidation of the Assembly's resolution and a ruling that the Assembly lacks the constitutional power to suspend the Council Chairman. They also request the court to restrain the defendants from suspending him.
Dr. Mahmud noted that the court processes have been served on all respondents, but no hearing date has been set yet. He emphasized that the outcome of this case could set a significant precedent in reinforcing local government autonomy in Nigeria.
In a related development, the Lagos State House of Assembly suspended Council Chairman Sulaimon Jelili indefinitely on Monday, following allegations of misconduct and defiance. The Vice Chairman, Mr. Akinpelu Johnson, has been appointed to manage the council's affairs in the interim.
Mahmud has characterized the Assembly's suspension of his client as unconstitutional, arguing that it contradicts the recent Supreme Court decision affirming local government autonomy. He indicated that the Assembly's actions, conducted after being served with court documents, constitute subjudice and an attempt to undermine the judicial process.
