LAGOS ASSEMBLY MISINTERPRETED NIGERIA'S CONSTITUTION ON ALIMOSHO LGA - CIVIL SOCIETY COALITION

 

The coalition of civil societies in Lagos State has decried the erroneous interpretation of the Nigerian constitution by the Mudashiru Obasa led Lagos State House of Assembly, from which the House claims she derived her powers from; to suspend Hon Jelili Sulaimon, over his refusal to hand over Alimosho market administration to Abiodun Ejigbadero a business partner of the Speaker.

In a press statement the coalition explained that Hon Stephen Ogindipe Chairman Committee on Information and Strategy require tutorial in constitutional law, to avoid embarrassing the House before the world. Excerpts from the statement reads 

"The Civil Society Coalition in Lagos State is compelled to publicly condemn the recent statement made by Hon. Stephen Ogundipe, Chairman of the Committee on Information, Strategy, and Security of the Lagos State House of Assembly, which reflects a gross misunderstanding of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). 

"Hon. Ogundipe’s remarks, which attempt to justify the State House of Assembly’s interference in local government functions by invoking Sections 7 and 8 of the Constitution, betray an alarming disregard for the actual intent of these provisions. Sections 7 and 8 of the Constitution are explicitly designed to protect and enhance the autonomy of local government councils, ensuring their ability to manage their affairs without undue interference. The State House of Assembly, as Hon. Ogundipe suggests, cannot supplant these constitutional provisions with its own willful interpretation aimed at exerting control over local government operations. _For emphasis and clarity, Sections 7 and 8 of the Constitution, clearly and purposively, are designed to safeguard the autonomy of local government councils, granting them the authority to independently manage their affairs in areas constitutionally reserved for them. These sections do not, and cannot, be interpreted as giving the State House of Assembly tyrannical powers to control or override the functions of local governments_.

"It is important to emphasise that while the Lagos State House of Assembly holds the power to create laws for the administration of local government councils, these powers do not extend to interfering in areas that the Constitution explicitly reserves for local government. The management and regulation of markets, for example, are matters that fall squarely within the constitutional jurisdiction of local government councils. Hon. Ogundipe’s suggestion that the Assembly can legislate in these areas reflects an overreach of the Assembly’s legislative powers and a direct assault on local government autonomy.

"Furthermore, Hon. Ogundipe’s hasty and erroneous interpretation of Section 128 of the Constitution. Section 128 does not grant the Lagos State House of Assembly the authority to intervene in matters outside of its constitutional mandate. His attempt to create confusion around this Section further exemplifies his lack of understanding of constitutional provisions. This Section does not, and has never, granted the Legislature powers to intervene in matters that fall outside its constitutional remit. His statements in this regard are not only misleading but also dangerously provocative, creating unnecessary disputes over what is otherwise a clear and settled issue. His remarks serve only to undermine the very principles of constitutional democracy. 

"Hon. Ogundipe's misinterpretations of the Constitution are too glaring to be ignored, and they risk eroding public trust in the legislature. The people of Lagos State deserve better-informed lawmakers who understand the limits of their authority and act in accordance with the Constitution. We hereby strongly advise Hon. Ogundipe to seek a refresher in Constitutional Law, at least to save the ignorant law-maker from sinking deeper into the depths of ignorance within the corridors of power.

"Further, it is crucial to remind Hon. Ogundipe and his colleagues who share his views that local government areas, such as Alimosho Local Government, are creations of the Constitution. Their functions are guided and protected by the Constitution, and not by the provisions of the Administration of Local Government Law of Lagos State, which has become obsolete and otiose in light of the recent Supreme Court decision affirming the autonomy of local governments across Nigeria. Hon. Ogundipe needs to be reminded that the Lagos State House of Assembly has no powers to hire and fire a local government chairman. Further, Hon. Ogundipe should also be reminded that the functions of the legislature do not include disregarding the law and twisting same to suit the selfish and sinister interests of members of the legislature. _Law-makers aren't law-breakers; unfortunately, Hon. Ogundipe has shown the world that members of the Lagos State House of Assembly are simply law-breakers of the worst kind._ 

"Finally, the Lagos State Civil Society Coalition calls on Hon. Ogundipe and the Lagos State House of Assembly to desist from undermining the Constitution and to respect the autonomy of local governments as enshrined in Nigeria’s foundational legal document. The people of Lagos State will not stand by while elected representatives attempt to distort constitutional provisions for political gain."