Alimosho Local Government Council and its chairman Jelili Sulaimon have dragged the State House of Assembly before a Federal High Court in Abuja alleging undue and illegal interference in its activities.
They have asked the court to hold that the assembly and its speaker have no constitutional power to perform oversight functions over its activities, according to a copy of the summon obtained by NAN on Tuesday.
The plaintiffs 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.
The respondents include the state assembly, the speaker, attorney-general of Lagos State, inspector-general of police, Lagos State commissioner of police and the Department of State Services (DSS).
This comes after the assembly on Monday suspended Sulaimon indefinitely on allegations of financial recklessness and misconduct.
The plaintiffs, in the suit filed by their lawyer 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, 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 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 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 by the plaintiffs.
According to him, the action of the assembly 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 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.
