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AMBODE: LAGOS SPEAKER, OBASA, ASSEMBLY AGREE TO MAINTAIN STATUS QUO

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…Lawmakers Plead For Time As Court Adjourns Till Nov 20

The Lagos State House of Assembly on Wednesday agreed to halt proceedings in the probe of former Governor of the State, Mr. Akinwunmi Ambode, over procurement of 820 buses for public transportation.

Ambode had instituted a suit against the Assembly, the Speaker, Mudashiru Obasa and others, to contest the constitutionality of the probe, accusing them of bias and misrepresentation of facts.

When the matter came up in court on Wednesday morning, Ambode’s lawyer, Mr. Tayo Oyetibo (SAN), informed the court of his pending application for interlocutory injunction, saying that same had been served on the defendants. 

In response, a team of lawyers of the defendants led by Mrs. Adenike Oshinowo and included Mrs. Adegbite and Ms. Olayemi Johnson confirmed service of the application, but pleaded for time since the processes were served at about 6pm on Tuesday

They specifically requested for two weeks to respond but the date they suggested was not convenient for the court. 

Responding, Oyetibo did not object to the application of the defendants for adjournment but urged the Court to direct parties to maintain status quo. In her response, the presiding Judge, Justice Yetunde Adesanya, said “it goes without saying” and called on Mrs. Osinowo for her response who also agreed that status quo would be maintained by the Defendants.

The court then adjourned the matter to November 20 2019 for the hearing of the motion on Notice for interlocutory injunction.

With the ruling, the former Governor cannot be summoned to appear again before the House probe panel as both parties have agreed to maintain status quo till the new hearing date.

According to his statement of claim before the court, Ambode had said contrary to deliberate misrepresentation of facts by the lawmakers, the procurement of the 820 buses was well captured in the 2018 Appropriation Law which was duly approved by the House.

“In section 1 of the Bill, the 1st Defendant (House of Assembly) authorized  the total Budget for the year 2018 to be One Trillion, Forty Six Billion, One Hundred and Twenty One Million, One Hundred and Eighty-One Thousand, Six Hundred and Eighty Naira (N1,046,121,181,680.00) comprising the sum of Three Hundred and Forty Seven Billion, Thirty-Eighty Million, Nine Hundred and Thirty-Eight Thousand, Eight-Hundred and Seventy-Two Naira (N347,038,938,872.00) only and Six Hundred and Ninety-Nine Billion, Eighty-Two Million, Two Hundred and Forty-Two Thousand, Eight Hundred and Eighty Naira (N699,082,242,808.00) only as the Recurrent and Capital Expenditures respectively.

“Part of the items authorized by the Bill under Capital Expenditure was: “LAGBUS Public Transport Infrastructure (MEPB); Part financing of 820 buses” which was item 8 under schedule 1- Part C of the Bill,” the former Governor averred.

He added that having prescribed the manner of withdrawal of funds in sections 3 and 4 of the 2018 Appropriation Law, it was unconstitutional for the House to attach another condition in section 9 of the law for further approval to be sought before incurring any expenditure on the purchase of the buses. 

Highlighting the specific breach of his constitutional rights to fair hearing by the House, the former Governor said on August 27, 2019 during proceedings of the Assembly, some lawmakers thoroughly vilified and disparaged him as having purchased the buses without budgetary approval and that the procurement was a waste of public funds, while at the end of the proceedings, the House resolved to constitute an Ad Hoc Committee to probe the procurement.

He said it was surprising that the very lawmakers who contributed actively in vilifying, disparaging and denigrating him constituted the bulk of the members of the Committee, which was a clear derogation of his right to fair hearing.

Ambode added that in continuation of deliberate misrepresentation of facts of the issue, the House falsely claimed that an invitation had been extended to him to appear before the Committee but that he failed to honour the said invitation.

“The Claimant states that no letter of invitation was delivered to him before the 4th and 5th Defendants made the false allegation against the Claimant which was widely reported by various national Newspapers in the country.”

He added that the House Committee and indeed the entire members of the House had already adjudged him as having committed wastage of public fund by the procurement of the buses in question and had also already determined that the procurement was done by him as opposed to the State Government.

He said it was obvious that the lawmakers were totally biased against him having regard to their pronouncements on the floor of the House by reason of which he believes that his right to fair hearing as guaranteed by the Constitution had been seriously compromised by the defendants.  

He is, therefore, seeking among others, the court’s declaration that the power of the House to pass a resolution under section 128(1) of the Constitution to cause an inquiry into his conduct as Governor is subject to right to fair hearing as guaranteed by section 36(1) of the Constitution.

He also wants a declaration that the Resolution of the House setting up a 9-Man Committee comprising of the 4th-12th Defendants to investigate all transactions in respect of the 820 Buses said by the defendants to have been procured by him derogates from his right as guaranteed by section 36(1) of the Constitution and therefore is unconstitutional, null and void.

He is therefore, among others seeking: 

“AN INJUNCTION restraining the Defendants whether by themselves, their servants, agents and or representatives from compelling the Claimant, in any manner whatsoever, to appear before the Defendants pursuant to the Resolution passed by the Defendants on 27th August 2019 or any other Resolution passed in respect of the subject matter of this Suit.

“AN INJUNCTION restraining the Defendants whether by themselves, their servants, agents and or representatives from representing or continue to represent to the Public that the Claimant, AKINWUNMI AMBODE, procured 820 buses in breach of budgetary approval.”

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Breaking: Alimosho LG Vice Chairman Gets Appointment Letter To Take Over Office

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Breaking: Alimosho LG Vice Chairman Gets Appointment Letter To Take Over Office

 

 

The Vice Chairman of Alimosho Local Government Area, Mr. Akinpelu Johnson has officially received an appointment letter to take over from the suspended Chairman, Jelili Sulaimon.

The letter, dated 8th October, 2024, was signed by Kikelomo Bolarinwa, Permanent Secretary of the Ministry of Local Government, Chieftaincy Affairs and Rural Development.

Titled: ‘Re: Suspension of Mr. Sulaimon Jelili, Chairman, Alimosho Local Government Area Resolution of the House’, the appointment letter read: “I write to refer to the resolution of the House of Assembly in respect of the above
subject which states that Mr. Sulaimon Jelili has been suspended indefinitely from
Office as the Chairman, Alimosho Local Government in accordance with Section 24
(1,2,3,4) of the Local Government Administration Law (Amendment) Law, 2016. (Copy attached for ease of reference).

“In view of the above, you are to assume duty IMMEDIATELY as the Acting Chairman, Alimosho Local Government.”

Recall that the Lagos State House of Assembly on Monday suspended Jelili Sulaimon from office following various allegations by the lawmakers.

The lawmakers resolved at the sitting that Johnson should take over the running of the affairs of the council.

The lawmakers further instructed the management of the council, including the manager and treasurer, to recognise Johnson and accord him all the support to make him work effectively.

Meanwhile, four out of the seven councillors in the council have denounced the purported suspension of Johnson by their three colleagues.

In a press release signed by the four councillors including Deputy Leader Mojisola Fabusuyi Ayeni (Ward D), Saheed Adejoke (Ward C), Rasheed Semiu (Ward E), Elizabeth Fashina (Ward F), they commended the House of Assembly for intervening while urging stakeholders’ in the council to go about their activities peacefully.

Read the full statement below:

Illegal Suspension of Hon. Akinpelu Ibrahim Johnson,Vice Chairman Alimosho Local Government

We, the undersigned legislators from Alimosho Local Government, officially dissociate ourselves from the staged managed, and illegal suspension of Mr. Akinpelu Ibrahim Johnson, The Vice Chairman of Alimosho Local Government.

We condemn in totality the purported suspension of the Vice Chairman by minority legislators who acted on instructions of the validly suspended Chairman.

As representatives of our people from different wards in Alimosho, we remain committed to supporting the state and federal government’s efforts to improve the lives and well-being of our people, most especially at the grassroots.

We commend the State House of Assembly for their intervention in the mismanagement of the local government over the years. We urge all stakeholders to remain peaceful as there’s no cause for alarm.

The Renewed Hope (RH) Agenda of our Dear President, H.E Asiwaju Bola Tinubu GCFR, and Governor Babajide Sanwo-Olu’s THEMES + Agenda, deserve every attention and support at this critical stage of our state and nationhood and by extension at the local government.

We would like to emphasize that at no time was the Vice Chairman suspended hence our readiness to support him going forward with the administration of the Local Government.

As a man of the people, we have no doubt in our minds that Hon Akinpelu Johnson will deliver beyond the expectations.

We shall keep the public posted should there be any information of interest to the public.

Signed:

1. Councillor. Mojisola Fabusuyi Ayeni (Ward D), Alimosho LGA, Deputy Leader

2. Councillor Saheed Adejoke (Ward C), Alimosho LGA, Chief Whip

3. Councillor Rasheed Semiu (Ward E), Alimosho LGA, Member.

4. Councillor Elizabeth Fashina (Ward F), Alimosho LGA, member.

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Don’t Be Ignorant Of The Law, Lagos Assembly Hits Back At Suspended Chairman, Lawyer

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Don’t Be Ignorant Of The Law, Lagos Assembly Hits Back At Suspended Chairman, Lawyer

– says law does not recognise sentiment, emotions

 

The Lagos State House of Assembly has asked suspended chairman of Alimosho Local Government Area, Jelili Sulaimon, and his lawyer, Dr. Abdul Mahmud, to recognise the place of law rather than sentiments and emotions as guiding principles of legislative practices in Lagos State.

 

The advice by the Assembly on Tuesday was in response to the purported reaction of the duo to the suspension of the council chairman by the House on Monday at plenary.

The House, in the reaction signed by Hon. Stephen Ogundipe,
chairman, Committee on Information, Strategy and Security, further advised Jelili against ascribing self-made meanings to the laws empowering the lawmakers act where necessary in the interest of the people.

Read the full reaction below:

JELILI SULAIMAN’S SUSPENSION BACKED BY LAW

The attention of the Lagos State House of Assembly has been drawn to a statement supposedly signed by Dr. Abdul Mahmud, counsel to the embattled Alimosho local government chairman, Mr. Jelili Sulaimon, claiming to condemn the unanimous agreement of the Assembly to suspend his client on Monday, October 7, 2024.

Beyond the sensational rhetoric and half-baked details in the statement that is replete with emotions rather than deep-thoughts, it is pertinent to break down the real situation and puncture arguments as to the powers of the House to suspend Mr. Jelili.

In his race to the public to ‘garner’ sentiments, Jelili’s lawyer forgot to remember that there are no local government areas that created themselves. In other words, the creation of a local government follows strict processes of the law and Section 7 of the 1999 Constitution of Nigeria (as amended) creates the path to knowledge about this.

“The system of local government by democratically elected local government councils is under this Constitution guaranteed; and accordingly, the Government of every State shall, subject to Section 8 of this Constitution, ensure their existence under a Law which provides for the establishment, structure, composition, finance and functions of such councils.” Does this answer a question from the arguments of Jelili’s lawyer as to who has the power to create laws that regulate the activities of local government councils and their administration?

For better understanding, that section provides for the existence of: democratically elected system of Local Government to be guaranteed by a law of the State House of Assembly.

The same section provides that the House of Assembly is required to make provisions for statutory allocation of public revenue to Local Government Councils in a State. Section 8(3) highlights the procedure to be undertaken by a State House of Assembly in the creation of a new Local Government Area(s) in a State while Section 8(4) highlights the procedure to be undertaken by a State House of Assembly, through law, in the boundary adjustment of existing Local Government Areas.

Now, Section 162 (8) of the Constitution stipulates that a Law of the State House of Assembly shall provide for the distribution of monies standing to the credit of Local Government councils in a State.

Maybe we should remind him, his client and those travelling with him that Section 128 of the same Constitution further gives clarity to the powers of the House of Assembly.

“Subject to the provisions of this Constitution, a House of Assembly shall have power
by resolution published in its journal or in the
office Gazette of the Government of the State
to direct or cause to be directed an inquiry or
investigation into –
(a) any matter or thing with respect to which it
has power to make laws.

Here and based on the above constitutional provision, we are moved to ask again: who is legally guaranteed to make the law that creates the running of the local government? It is definitely not the National Assembly which is granted the constitutional powers to create states and not local governments.

This brings us to the Lagos State Local Government Administration Law (as amended) upon which the creation, administration and related activities of the local government system of Lagos State are based.

For better public information and effective knowledge, Section 24(a) of the amended law gives powers to the Lagos State House of Assembly to pass a resolution for the removal or suspension of any chairman, vice chairman, or official of any local government area (LGA) or local council development area (LCDA) after conducting an investigation. It states further that all that is needed for this resolution is a simple majority of the Assembly members. This emphasis is further highlighted in Section 5 of the law.

The amendment aims to ensure accountability and maintain order within the local government structure in Lagos State.

With this level of enlightenment as to the position of the laws guiding the administration of local government councils, it is further important to avoid misinformation or misrepresentation of the recent Supreme Court judgement concerning local governments in Nigeria. There is a marked difference between financial autonomy (upon which the lawyer’s argument rests) and administrative powers of the House. The rush to churn out a defence armed, albeit, with inferior understanding of the Supreme Court judgement does not give a sufficient case against the action of the House of Assembly.

The Local Government Administration law from which the council chairman and other elected officials of the local government system derive their powers is a product of the House of Assembly. The office of the Auditor-General for Local Governments that monitors the financial activities of this third tier of government is created by the law made by the Lagos State House of Assembly.
The Local Government Service Commission which handles issues relating to the officials of local governments is a creation of the House of Assembly. The Lagos State Independent Electoral Commission (LASIEC) that conducts elections into elective offices at the local government level is a creation of the House of Assembly. Therefore, jettisoning these facts will amount to a poor knowledge of the legislature. If you say the Lagos State House of Assembly does not have the power over local governments, it means all these laws created by the House should not be in place. If the laws should not be in place, then why would local governments exist?

We learnt that in a bid to protect the chairman, the councillors of the Alimosho Local Government Area hurriedly suspended the Vice Chairman, Akinpelu Johnson. To show how laughable this is, it is good to note that the law guiding them does not have a provision for suspension. The Local Government Administration law gives them the opportunity to remove a chairman or vice chairman but this also comes with a process. Thus, the suspension of Johnson is simply invalid. It is therefore necessary to remind the council leader that he can also be removed in line with the Local Government Administration law of Lagos State. If he does not know this, then, it is a pity.

For the few trying to juxtapose the functions of the National Assembly with those of the House of Assembly in this case, they should take a chill pill and request to be tutored. The National Assembly cannot interfere with the runnings of a State. It is not a part of its duty. On the other hand, the constitution grants the State House of Assembly powers over the local governments.

It is to be noted that this is not the first time the Lagos State House of Assembly would be suspending the same council chairman. In May 2021, he was suspended with two others by the House for their total disregard for the local government guidelines created by the State Legislature.

While we urge against mawkishness, we would also like to task residents of the council and members of the public not to allow themselves be swayed by positions and opinions that are opposite the law in this regard.

Hon. Stephen Ogundipe
Chairman, Committee on Information
Lagos State House of Assembly.

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My best is yet to come’ As Ambassador Adesina ‘Lanre Ogunsola affirmed at the APC APEX body, Obafemi Owode Local Government

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My best is yet to come’ As Ambassador Adesina 'Lanre Ogunsola affirmed at the APC APEX body, Obafemi Owode Local Government.

‘My best is yet to come’ As Ambassador Adesina ‘Lanre Ogunsola affirmed at the APC APEX body, Obafemi Owode Local Government.

….seeks total co-operation of all party stalwarts in coming Ogun Council Election….

 

The All Progressive Congress (APC), Apex body in Obafemi Owode Local Government has conveyed an important meeting to fine-tune and encourage all the members of the ruling party of their utmost co-operation in the council area ahead of coming Local Government Election in Ogun State.

My best is yet to come’ As Ambassador Adesina 'Lanre Ogunsola affirmed at the APC APEX body, Obafemi Owode Local Government.

Engr.Babatunde Adesina, the Special Adviser to the Governor on public works, welcome all members,solicits for their unalloyed co-operation and dedication towards the success of the coming local government election.

Addressing the gathering, Rt.Hon. Tunji Egbetokun explained that the importance of the coming local government election in the state is not only to win as a party but also to go all out in mobilizing people for the party which is going to form a strong and formidable even after the council election, as it is very key to register into the mind of the people that APC is the party to recon with.

He further charged all the aspirants who had shown interest in the chairmanship position to co-operate wholeheartedly with the choice of candidate the party has presented as the flag bearer of the ruling party come November 16th Local Government Elections in the state.

He however emphasized that APC is one body with neither group nor faction exist, on like other rivals political party in the state.

Amb. Adesina ‘Lanre Ogunsola, FCPA, APC Chairmanship Candidate, Obafemi Owode Local Government appreciates His Excellency, Prince Dapo Abiodun, CON for his outstanding leadership role as the Chairman, Southern Governors Forum with the recent victory recorded at Edo State Governorship election with a renew hope of repeating same fit at the coming Ondo State election, as it is clear vision that the council election in Ogun State is going to be a win for the ruling party.

He further thanked the Leaders of the APC Apex body for the trust reposed in him, while assured the party of his utmost dedication and delivery of equal dividends of democracy, just has he did at his first term in office,while the flag off of the electioneering campaign will start soon.

He urged all the members to mobilize people to votes for the party, as he is ready to deliver on his electioneering promises when the time comes.

” Permit me to say here that I shall at all time work for the unity, co-operation and progress of Obafemi Owode Local Government, as we known that His Excellency, Prince Dapo Abiodun, CON has keen interest in our local government”, said Ogunsola.

Declaring support for the Party Chairmanship Candidate, Hon. Asalulola Abiola, who also aspired for the candidacy of the party, expressed his unalloyed support to the Amb. Adesina ‘Lanre Ogunsola, APC Chairmanship Candidate and other councillors under the party in the coming election.

Other leaders of the party at the meeting includes, Chief Idowu Olude, APC party Chairman, Obafemi Owode LG,Hon.Nike Osoba,Hon. Erinsan,Hon. Adeola Akintande,Hon.Fatai Mustapha,Alhaji Olayiwola Sobayo,Chief Dipo Akingbade, among others.

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