The Alimosho Local Government Area of Lagos State has filed a lawsuit against the Lagos State House of Assembly before a Federal High Court in Abuja, alleging undue and illegal interference in its activities.
In a copy of the summon obtained on Tuesday, October 8, 2024, the Alimosho Local Government asked the court to hold that the House and the Speaker have no constitutional power to perform oversight functions over its activities.
The plaintiff urged the court to hold that the House 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 Alimosho Local Government, Sulaimon Jelili, while the respondents included the Lagos State House of Assembly, the Speaker, the Attorney-General of Lagos State, the Inspector-General of Police, the 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.
They stated: “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.”
Lagos Assembly suspends Alimosho LG chairman for misconduct
On the facts of the suit, the plaintiffs alleged that the House, led by Speaker Obasa, via a resolution dated August 27 instructed the chairman of the local government to disengage one of the council’s contractors, Omotolani Adedayo.
Adedayo was contracted by the Alimosho Local Government for the collection of market tolls.
In the resolution, the House directed the local government that after disengaging Adedayo, it should enter into a formal contractual agreement with one Ejigbadero Abiodun.
The Speaker allegedly threatened that if the local government 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 Local Government, Dare Ogunkoya, he said the chairman is constitutionally saddled with the duties and functions for the establishment, maintenance and regulation of markets, parks, and garages within its jurisdiction.
Ogunkoya noted that his constituents had on numerous occasions approached the council that they did not want the said Abiodun, being imposed by the House, to collect tolls in the market.
He said the complaint by the constituents was communicated to the House through a letter dated September 4 by the plaintiffs.
According to him, the action of the House amounted to intimidation and usurpation of the powers of the Alimosho Local Government 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’s declaration that the resolution of the House is null and void for having no basis in law.
The plaintiffs also urged the court to declare that the House has no constitutional powers to suspend the Alimosho Local Government Chairman.
They urged the court to restrain the defendants from suspending the chairman.
Speaking, the plaintiffs’ lawyer said the court processes had been served on all the respondents, adding that no date had been fixed for hearing.
The House had, on Monday, October 7, suspended the Alimosho Local Government Chairman indefinitely
The lawmakers voted unanimously to suspend Jelili over allegations of misconduct and defiance of the House.
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