The Lagos State House of Assembly has asserted that the suspension of Alimosho Local Government Chairman, Jelili Sulaimon, due to alleged misconduct adhered to legal protocols and due process, countering claims made by the suspended chairman’s lawyer.
Following the announcement of the suspension on Monday, Dr. Abdul Mahmud, Sulaimon’s solicitor, criticized the action as “illegal and unconstitutional.”
In a statement released on behalf of Levite Solicitors and Arbitrators, Mahmud condemned the Speaker of the Assembly, Mudashiru Obasa, stating: “We, the attorneys for Hon. Mr. Jelili Sulaimon, Chairman of Alimosho Local Government Area, unequivocally denounce the decision made by Rt Hon Obasa and the Lagos State House of Assembly to suspend the chairman and direct the Vice Chairman to assume his duties immediately.
This action is not only illegal and unconstitutional but also a direct violation of the recent Supreme Court ruling affirming the autonomy of local governments under the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
In response, the Assembly’s Chairman of the House Committee on Information, Strategy, and Security, Olukayode Ogundipe, criticized Sulaimon’s lawyer for his “rhetoric and superficial details.” He emphasized that the suspension decision complied with the laws governing local governments and the powers granted to the Assembly by the Constitution.
Ogundipe stated, “The Lagos State House of Assembly has taken note of a statement allegedly signed by Dr. Abdul Mahmud, counsel to the suspended Alimosho Local Government Chairman, Mr. Jelili Sulaimon, condemning the unanimous decision of the Assembly to suspend him on October 7, 2024.
Beyond the sensational rhetoric and superficial details in the statement, which are filled with emotion rather than thoughtful analysis, it is crucial to clarify the actual circumstances and address the arguments regarding the House’s authority to suspend Mr. Jelili.”
He added, “In his rush to appeal to public sentiment, Sulaimon’s lawyer overlooked the fact that local government areas do not create themselves. The establishment of a local government follows strict legal processes outlined in Section 7 of the 1999 Constitution of Nigeria (as amended).
The Constitution guarantees a system of local government through democratically elected councils, requiring the government of each state to ensure their existence under a law that specifies their structure, composition, finances, and functions.”
Ogundipe further explained that this section clarifies the authority of the House of Assembly to create laws regulating local government activities and administration. He noted, “This section mandates that a democratically elected local government system be guaranteed by state law, and it obliges the House of Assembly to provide for the statutory allocation of public revenue to local government councils in the state.”
He also pointed out that Section 8(3) of the Constitution outlines the procedure for the State House of Assembly in creating new local government areas, while Section 8(4) details the boundary adjustment process for existing areas. Furthermore, Section 162(8) mandates that state law governs the distribution of funds to local government councils.
Ogundipe reminded those involved that Section 128 of the Constitution further delineates the powers of the House of Assembly, allowing it to direct inquiries into matters for which it has legislative authority. He questioned, “Who is legally empowered to create laws governing the operation of local governments? It is certainly not the National Assembly, which is tasked with creating states, not local governments.”
He referred to the Lagos State Local Government Administration Law (as amended), which governs the creation and administration of local government systems in Lagos State.
“For clarity, Section 24(a) of this amended law grants the Lagos State House of Assembly the power to pass a resolution for the removal or suspension of any local government chairman, vice chairman, or official after conducting an investigation. This resolution requires only a simple majority of Assembly members. This requirement is reiterated in Section 5 of the law.”
He clarified that if the governor fails to act on this resolution within seven days, the Assembly can override this inaction with a two-thirds majority vote, leading to the immediate removal or suspension of the chairman or vice chairman.
Ogundipe emphasized that this amendment aims to ensure accountability and maintain order within the local government structure in Lagos State. He encouraged the public to consult the Lagos State Government website for the full text of the law.
He cautioned against misinformation regarding the recent Supreme Court judgment concerning local governments in Nigeria, highlighting the distinction between financial autonomy and the administrative powers of the House.
“The hasty defense presented, based on a flawed understanding of the Supreme Court ruling, does not effectively challenge the actions of the House of Assembly,” he stated.
He reminded that this was not the first instance of the Lagos State House of Assembly suspending the same council chairman, recalling that Sulaimon was previously suspended along with two others in May 2021 for disregarding local government guidelines set by the state legislature.
In conclusion, Ogundipe urged residents and the public not to be swayed by arguments that contradict the law in this matter.
