Senior Advocate of Nigeria and former President of the Nigerian Bar Association, Mr. Olisa Agbakoba, has criticized the recent indefinite suspension of a council chairman by the Lagos State House of Assembly, calling it unconstitutional.
Speaking to the News Agency of Nigeria in Lagos on Tuesday, Agbakoba condemned the Assembly’s Oct. 6 decision to suspend Mr. Suleiman Jelili, Executive Chairman of Alimosho Local Government, over alleged misconduct. The Assembly’s resolution also directed the council’s vice-chairman to assume office until the matter is fully resolved.
Agbakoba described the suspension as “an aberration and a flagrant disregard” of a recent Supreme Court judgment granting autonomy to local governments. He asserted that it is unconstitutional for any State House of Assembly or governor to suspend an elected council chairman or vice chairman.
“I don’t understand how a resolution would be passed by a State Assembly to suspend an elected chairman,” Agbakoba stated. “The House of Assembly or a governor of a state does not have the power to remove or suspend an elected chairman or vice-chairman of a council; it is absolutely unconstitutional.”
He explained that the 774 Local Governments in Nigeria were established by Section 7 of the Constitution, and their leaders are democratically elected by the people, not appointed or influenced by any politician or institution like the State Assembly.
Agbakoba argued that the only lawful way to remove a council chairman is through a decision by the local council’s legislative council or councillors. He emphasized that just as neither President Bola Tinubu nor the National Assembly could suspend Governor Sanwo-Olu, the Lagos State Assembly lacks authority to suspend any local government chairman.
In conclusion, Agbakoba reiterated that the only constitutionally recognized mechanism to remove an elected governor is through the State House of Assembly, a principle that also applies to local government leaders.
