It can be recalled that the Lagos State House of Assembly had on Monday suspended indefinitely the LG Chairman, Sulaimon Jelili.
In a copy of the summons of the suit before the court obtained by the News Agency of Nigeria on Tuesday in Abuja, the Council 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.
Co-plaintiff in the suit is the Chairman of the Council, while the respondents included the State Assembly, Speaker, Attorney-General of Lagos State, Inspector-General of Police, Lagos State Commissioner of Police and Department of State Services.
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.
“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.”
On the facts of the suit, the plaintiffs alleged that the Assembly, led by Speaker Obasa, vide 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 Council for the collection of market tolls.
In the resolution, the Assembly directed the Council that after disengaging Adedayo, it should enter into a formal contractual agreement with one Ejigbadero Abiodun.
The Speaker allegedly threatened that if the Council 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 Council, Dare Ogunkoya, he said the Council Chairman is constitutionally saddled with the duties and functions for establishment, maintenance and regulation of markets, parks and garages within its jurisdiction.
Ogunkoya said that his constituents had on numerous occasions approached the council that they did not want the said Abiodun, being imposed by the Assembly, to collect tolls in the market.
He said the complaint by the constituents was communicated to the Assembly through a letter dated September 4, 2024 by the plaintiffs.
According to him, the action of the Assembly amounted to intimidation and usurpation of the 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 resolution of the Assembly is 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 Council Chairman.
Speaking with NAN, Mahmud 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.
He said: “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 governments. (NAN)
