Olisa Agbakoba, a Senior Advocate of Nigeria (SAN), has faulted the recent indefinite suspension of a council chairman by the Lagos State House of Assembly.
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Agbakoba, also former President, Nigeria Bar Association (NBA), spoke with the News Agency of Nigeria (NAN) in Lagos on Tuesday.
Recall that the Lagos State House Assembly had on Oct. 6 voted unanimously to suspend Mr Suleiman Jelili, the Executive Chairman of Alimosho LG, indefinitely over allegations bordering on misconduct, among others.
The House also passed a resolution directing the council’s vice-chairman to take over the office pending the final determination of the matter, by the House.
Agbakoba described the suspension as an aberration and a flagrant disregard of the recent Supreme Court judgment, granting autonomy to local governments.
According to him, it is unconstitutional for any State House of Assembly or a sitting governor to suspend an elected chairman or vice chairman of a local council.
“I don’t understand how a resolution would be passed by a State Assembly to suspend an elected chairman.
“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.
“The 774 local governments were created by Section 7 of the constitution of the Federal Republic of Nigeria and the chairmen are democratically elected.
“The 774 council chairmen are elected by the people and not by any politician, group of people or an institution like the House of Assembly,
The former NBA president said the only way to remove an erring council chairman was through the decision of the council”s legislative council or councillors.
Agbakoba said just like President Bola Tinubu or the National Assembly could not suspend Gov. Sanwo-Olu ,the State House of Assembly could not suspend any local government chairman .
The legal luminary said the only constitutional instrument to remove an elected governor was the House of Assembly.
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