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Law does not recognise sentiment, emotions, don’t Be Ignorant Of The Law, LAHA Hits Back At Suspended Chairman, Lawyer

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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 today was in response to the purported reaction of the duo to the suspension of the council chairman by the House on Monday at plenary.

 

In a letter made available to the column.ng 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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I Am Not Afraid Of Sack- Super Falcons Coach

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Super Falcons head coach Justine Madugu says he is not afraid of losing his job despite mounting pressure following Nigeria’s failure to qualify for the 2027 FIFA Women’s World Cup.

 

Madugu’s future has come under intense scrutiny after the Super Falcons suffered a 2-1 defeat to South Africa in the decisive CAF play-off in Morocco.

The loss ended Nigeria’s remarkable record of qualifying for every edition of the FIFA Women’s World Cup since the tournament began in 1991.

For the first time since 1991, Nigeria will miss the Women’s World Cup.

The pressure on Madugu intensified after the Super Falcons failed to secure automatic World Cup qualification at the WAFCON.

With calls growing for the Nigeria Football Federation (NFF) to make changes to the technical setup, Madugu insists he is prepared to accept whatever decision the football authorities make.

The coach said representing Nigeria has been a privilege and that he has no fear of being relieved of his position.

“I am not afraid of being sacked. To the glory of God, I have served my country. It was a privilege that was given to me,” Madugu said.

He added, “So far, I have played almost 28 games, won 19, lost four and drawn four. But this defeat came at crucial moments that people did not expect.”

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Gumi Explains Why Funding Mass Marriages Is Government Responsibility

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Islamic cleric, Sheikh Ahmad Gumi, says it is the responsibility of the government to use public funds to support marriage arrangements in states operating under Shariah law.

In a post on his Facebook page on Thursday, Gumi argued that governments in Shariah-governed societies have a duty to address social needs arising from the prohibition of sexual relationships outside marriage.

The Islamic scholar noted that government intervention to assist people who cannot afford marriage should be viewed as part of responsible governance, especially where prostitution, fornication, adultery and promiscuity are prohibited by both religious principles and state laws.

According to him, public resources could legitimately be used to support young people in urgent need of marriage, as well as women who face limited opportunities to find suitable spouses.

“In a Shariah law-driven state, where prostitution, fornication, adultery, and promiscuity are prohibited by both divine and state laws, using public funds to facilitate the marriage of women who are in excess of the available pool of eligible men, or of any young person in dire need of marriage, is a legitimate and responsible component of good governance,” he wrote.

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Tinubu Says Democratic Regime Not Easy To Manage “Full Of Twists And Turns….”

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President Bola Tinubu decried the big task of successfully managing a democratic government, highlighting what he described as
It’s twists, turns, hills and valleys, even as the president assured Nigerians that the nation’s refineries will bounce back.

 

The President also lamented that the expected benefits from the introduction of Compressed Natural Gas (CNG) are going into the pockets of truck owners.

This came as the President of the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG), Comrade Salimon Akanni Oladiti, pleaded with President Tinubu to help stop the casualisation of workers in the oil industry.

Speaking when he received the NUPENG leadership at the Presidential Villa, Abuja, the President said the union has been a very good partner in government’s progress.

“You occupy a very critical nerve of the economy of this country,” he said.

He recalled the promise he made while seeking the presidency that he would remove the fuel subsidy and the threat by oil and gas workers to down tools. “We had threat of possible strike and something, and I served notice; you may strike all you want, but fuel subsidy will be gone. And today, to the benefit of our great country.”

“I will soon publish how it is being utilized,” he said, adding that workers at local, state and federal levels are reaping the benefits of subsidy removal through prompt payment of salaries, while landmark infrastructural projects are underway across the country.

“Yes, the economy is not child’s play. It’s a system of financial re-engineering and reset that you impress, and I want to thank you for the cooperation, collaboration and understanding.

“But I’m glad you have seen the effect of being able to find funding for long-term projects: Lagos–Ibadan Road, Abuja–Kaduna, Abuja–Kano, Sokoto–Badagry and other highways and road networks. It’s all for the good of our people and our economy.

“Equally, the introduction of compressed natural gas — well, I will appeal to you: we will do more and encourage you, but ask your drivers to let the benefits trickle down to commuters too, because whatever benefit is coming from CNG is going into the pockets of truck owners. It’s not spreading as fast as I would like, but it should spread.

“The refineries you mentioned are going to come back to work. We’re just building a very firm reset and structural reworking of the economics of it. Ordinary flame and smoke from a refinery doesn’t mean that it’s working until it’s profitable and yields the value for which it was built.

“I’m not a man who will look back and blame everyone, because I’ve accepted the assets and liabilities of my predecessors. No matter what happened in the past years, it’s my responsibility now as President to fix it and make it work for the greatest common good of our population. I take responsibility for that, and I’m going to do it.”

He added: “It’s not easy to manage a democratic regime, full of twists and turns, hills and valleys. But through perseverance, endurance and good determination we can bring about relief — like the joy of a newborn baby after a difficult pregnancy. Motherhood is painful, but the joy is everlasting. I promise you, you will enjoy a better Nigeria.”

Speaking earlier, NUPENG president Comrade Oladiti appealed to the President to check the casualisation of workers in the oil industry.

The NUPENG president, who described the trend as unwholesome, expressed concern that efforts to make oil companies, particularly in the upstream sector, stop the practice have been constantly rebuffed.

He said: “Your Excellency, our relationship with the international oil companies and indigenous players in the upstream sector has been very cordial. However, we want to seize this opportunity to bring to your attention an unhealthy trend we have been trying to correct with little to no success. It is the casualisation of workers, particularly in the upstream sector.

“For a sector that is strategic and taken as the economic jugular of the nation, NUPENG and its counterpart PENGASSAN have been tolerating these unwholesome practices, knowing full well the enormous disruption that any industrial action could cause to the economy.

“We also do not want to be seen as hostile to the Minister of Labour, Muhammad Maigari Dingyadi, who has been very supportive and operates an open-door policy in his relationship with our union.

“We have engaged the management of some of the affected companies without results. Mr. President, we urge you to use your good offices to stop the casualisation of workers in our sector.”

While commending the present administration for rehabilitation and dualisation of federal highways — which he noted will ease movement of petroleum trucks — Oladiti also appealed to President Tinubu to see to the resuscitation of the Nigerian Pipelines and Storage Company (NPSC) depots across the country.

He maintained that injecting life into the depots would complement the ongoing efforts to revive the ailing refineries.

He said: “We’ve seen real progress in the rehabilitation of federal highways, making journeys safer for our tanker drivers.

“We also want to commend your administration’s move to revive the Warri and Port Harcourt refineries through partnership with Chinese firms. Your Excellency, we humbly request that the same energy and drive to inject life back into the refineries be extended to the decaying Nigerian Pipelines and Storage Company depots across the country.

“We strongly recommend they be handed over to private investors to manage under an equity arrangement.”

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