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

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– 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.

Politics

Bill to create new state passes second reading in House of Reps

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A bill to create Ogoja State from Cross River has successfully passed its second reading in the House of Representatives.

Co-sponsored by Godwin Offiono and three other lawmakers, the proposal seeks to amend the 1999 constitution to carve out a new state in the South-South region.

Moving the motion, Mr Offiono said the “essence of this bill is rested on equity.”

The bill progressed after a voice vote led by Speaker Tajudeen Abbas during Thursday’s plenary session.

It has now been forwarded to the committee on constitutional review for further action.

The national assembly is actively working on constitutional amendments, including the creation of new states.

Since Nigeria’s return to democratic governance in 1999, no new state has been created.

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Harris seeks to lure winnable Republicans in Fox interview

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For Harris, the appearance was a chance to win over any Fox viewers who might be disillusioned with Trump © Brian Snyder/REUTERS
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Democratic presidential candidate Kamala Harris was embroiled in heated exchanges in her first interview with US broadcaster Fox News. Harris said, if elected, her presidency would not be “a continuation of Joe Biden’s.”

US Vice President Kamala Harris faced a combative interview on Fox News on Wednesday, verbally sparring with anchor Bret Baier on immigration and her credibility as a change candidate.

 

The interview was her first foray onto the network — popular with conservative viewers — as she seeks to bolster her outreach to Republican-leaning voters less than three weeks before the November 5 election.

What happened in the interview?

Harris’ nearly 30-minute sit-down with Baier was a lively one, with the two repeatedly talking over on another.

At one point, Baier kept talking when Harris tried to answer to his challenges on immigration, Harris said: “May I please finish? … You have to let me finish, please.”

In another heated moment when pushing back against Baier’s line of questioning, the Democratic White House candidate said: “I would like if we could have a conversation that is grounded in a full assessment of the facts.”

While Harris tried multiple times to switch the conversation to attacking former US President Donald Trump, She also spoke about what a future presidency of her own might look like.

Just a week after saying she couldn’t name any move made by US President Joe Biden that she would have done differently, Harris asserted, “My presidency will not be a continuation of Joe Biden’s presidency.”

“Like every new president that comes into office, I will bring my life experiences, and my professional experiences and fresh and new ideas.”

What did Harris say about her opponent?

Asked to clarify her assertion that she wants to “turn the page,” Harris said her campaign was about “turning the page from the last decade in which we have been burdened with the kind of rhetoric coming from Donald Trump.”

“People are exhausted with someone who professes to be a leader and who spends full time demeaning and engaging in personal grievances,” she said, adding: “He’s not stable.”

On immigration — a policy area on which Harris is seen as vulnerable, she expressed regret over the deaths of women killed by people detained and then released after crossing into the US illegally during the Biden administration.

However, she criticized Trump for his role in holding up a bipartisan immigration bill earlier this year that would have increased border funding.

She said Trump had swayed lawmakers to reject the law because “he preferred to run on a problem instead of fixing a problem.”

What DW’s United States correspondent thought

DW Washington correspondent Janelle Dumalaon said nearly the first third of the interview was taken up by a “crosstalk-heavy back-and-forth on immigration,” with Fox host Brett Baier attempting to unsettle Kamala Harris on what is seen as her weakest issue.

“Harris repeatedly tried, with limited success, to point out that it was former President Donald Trump who got in the way of a bipartisan border bill that would have helped address high levels of irregular immigration.

“At times the interview played like an assertiveness contest, with Baier repeatedly talking over the vice-president while she fought to make herself heard.

Dumalaon said the purpose for Harris was “to present the mainstays of her stump speech to those who might not have heard them yet.”

She said Harris appeared to have calculated that any share viewers still undecided, “however few,” were worth appealing to, and that she might even gain “bonus points if she can show them toughness in an adversarial situation.”

 

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Can China fill the gap as next US president tackles loss of influence in Middle East?

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Analysts say US presidential candidates Donald Trump and Kamala Harris face similar constraints when it comes to their Middle East policy. Photo: AP
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Analysts say both Donald Trump and Kamala Harris will have to come to terms with Beijing seeking a greater role as Washington loses sway

The presidential race between Donald Trump and Kamala Harris comes at a time of rising geopolitical tensions on multiple fronts. In the third of an in-depth series, Zhao Ziwen looks at how the election will affect Middle East policy and China-US rivalry in the region.

The widening conflict in the Middle East is one of the main issues dominating the current US debate about foreign policy, with the decision to send troops and advanced missile defences to Israel prompting Iran to warn that Washington is putting its own troops’ lives at risk.

It may even have a direct impact on the result of the presidential election with anger at the White House’s pro-Israel stance threatening Vice-President Kamala Harris’s prospects of taking Michigan, a key swing state that has a significant proportion of Arab-American voters.

Do you have questions about the biggest topics and trends from around the world? Get the answers with SCMP Knowledge, our new platform of curated content with explainers, FAQs, analyses and infographics brought to you by our award-winning team.

But many observers believe that no matter what the result, the next president will face the stark truth that US influence in the region will be increasingly limited and it will feel an increasing need to focus more resources on the Asia-Pacific and its growing rivalry with China.

However, Beijing’s growing role in the Middle East could also turn the region into another battleground in the US-China rivalry, potentially reshaping the contours of Washington’s foreign policy, according to experts.

John Calabrese, a senior fellow at the Middle East Institute in Washington, noted that the policy differences between a Donald Trump administration and a Harris administration might be smaller than many expect. He said that both would be constrained by the same reality: the narrowing scope of US influence in the region.

“The range of policy options available to the US in the Middle East has become narrower, and there is a clearer understanding of the limits of American influence,” Calabrese said.

“Addressing the war in Gaza, redefining relations with the Gulf Arab states, and managing Iran” will be the three main issues for the US, he added.

In the Republican Party’s 28-page platform, Trump’s vision of governance mentions the Middle East only twice, and with scant details. It calls for Washington to “stand with Israel” and “seek peace in the Middle East” but does not give any specifics.

Harris, for her part, has not released a comprehensive foreign policy outline. However, she has consistently emphasised support for Israel in her campaign while also voicing concerns about the plight of the Palestinians.

Despite the lack of clarity in their official platforms, the policies of both candidates align in key areas. Trump’s four years in office were marked by robust support for Israel, along with his administration’s “maximum pressure” sanctions on Iran.

Harris is expected to continue US President Joe Biden’s approach to the Middle East: backing Israel while maintaining a focus on humanitarian aid for Palestinians, and working with regional partners to counter Iranian influence.

“A Trump administration will likely be based on a set-up that is more committed to Israeli positions, as evidenced by his 2020 peace plan and the recognition of Jerusalem as Israel’s capital,” said Clemens Chay, a research fellow at the National University of Singapore’s Middle East Institute.

“Vice-President Kamala Harris has largely stuck to the [Biden] administration line, which has demonstrated a current lack of political will in Washington to restrain Israel.”

“Compounded by the fact that in an election year, the Biden administration’s room to operate is limited if he is to avoid exacerbating the domestic political impact of war,” Chay added.

“How a Harris administration would perhaps go further, from what is deemed at the moment a low baseline, is to achieve a ceasefire.”

Although both sides are likely to continue to support Israel, there is a growing consensus that Washington’s direct involvement in Middle Eastern conflicts – including the Israel-Gaza war – is becoming unsustainable.

Ahmed Aboudouh, an associate fellow at British think tank Chatham House and head of the China Studies unit at the Emirates Policy Centre in Abu Dhabi, suggested that the US would increasingly prioritise its competition with China in the Asia-Pacific region, reducing its direct engagement in the Middle East.

“In the long run, I still see the US recalibrating its posture in the region in a way that allows it to balance its strategic priorities towards keeping China in check in Asia and simultaneously maintaining the bare minimum security stability in the Middle East,” he said.

“This means reducing the cost of its involvement by shifting from a micromanagement approach to offshore balancing.”

Both the Trump and Biden administrations have played a role in this shift. Trump pulled the US out of the Iran nuclear deal, while Biden withdrew troops from Afghanistan.

This “offshore balancing” strategy has also been evident in Washington’s efforts to normalise relations between Israel and Arab states, particularly in the Persian Gulf region, to counter Iran’s influence.

The Abraham Accords, a landmark diplomatic achievement initiated during Trump’s presidency, were among the few foreign policy successes inherited by the Biden administration. However, the potential for a historic Saudi-Israeli normalisation deal has since stalled because of the Gaza conflict.

Aboudouh noted that the Israel-Gaza war and the rising hostilities between Israel and its neighbours had essentially closed the door on any significant US withdrawal from the region in the near future.

“As the war in Gaza and the regional escalation have taught since [Hamas’ October 7 attack on Israel], the door for the US to exit the region is completely shut,” he said

“Washington is being taken captive by the region,” he said. “As much as the region has always been shaped by the US preferences. This means that withdrawing from the Middle East in a strategic sense is not on the table.”

Washington has stepped up its deployment in the region because of the Gaza war and its spillover into Iran and Lebanon. Biden was also directly involved in ceasefire negotiations for nearly a year, showing a political commitment that has not been seen in the region for years.

“It is unlikely the case where Washington will reduce its involvement in the Middle East in the near future, given the fact that the Pentagon has been extremely rapid in deploying its forces – naval, air, or otherwise – since the start of the Gaza war,” Chay said.

While Washington grapples with these challenges, China is stepping up its influence in the Middle East, positioning itself as a counterpoint to US dominance.

In addition to brokering a deal to resume diplomatic relations between Saudi Arabia and Iran last year, China helped broker a unity deal among 14 Palestinian factions, including Hamas, in July.

Beijing’s diplomatic manoeuvring in the region has been aimed at positioning itself as a vital voice – particularly among Global South countries – in the Israel-Hamas conflict.

“China has shown it is ready to challenge the US position in the region. The Gaza conflict has been the biggest opportunity since [Chinese President] Xi Jinping came to power to do so,” Aboudouh said.

“Beijing could skilfully undermine Washington’s credibility and image across the Global South by siding with the Palestinians and consistently demanding a ceasefire,” he added.

Calabrese said that a major battleground in the rivalry between Beijing and Washington could be the Gulf region, given China’s cooperation with US allies there.

This is especially true of Saudi Arabia and the United Arab Emirates, whose cooperation with China in sensitive hi-tech and military fields is viewed by Washington as an unprecedented risk.

“Washington will closely monitor China’s engagement in the Gulf, particularly efforts to prevent Beijing from establishing a military presence or making advances in artificial intelligence and other critical technologies,” Calabrese said.

“Success in this area will depend on the US’ ability to strengthen its security and tech commitments to offset Gulf states’ growing ties with China.”

China’s growing influence in Iran – Washington’s biggest regional enemy – is also being closely watched by the West.

Since the Israel-Gaza war started, Beijing – the biggest buyer of Iranian oil – has maintained close communication with Tehran on regional issues ranging from the Red Sea crisis to Israel’s strikes against Hezbollah in Lebanon.

According to Calabrese, Washington insiders – and especially Trump’s supporters – still believe that “Iran is central to all the challenges facing American interests in the Middle East”.

“These voices will likely push for tighter sanctions enforcement and a stronger retaliatory stance against actions by Iran and its proxies,” he added.

Some observers noted there was still a gap between Beijing’s aspirations and its capabilities.

Chay said that while China’s competition with Washington in the Middle East was largely economic, its willingness to become an active regional mediator remained limited.

“Beijing’s activist approach has been largely constrained to small diplomatic wins,” he said.

“But when it comes to taking on significant security or mediation roles, there is a lack of political will to intervene at the scale the US has historically done.”

Aboudouh agreed, pointing out that Beijing’s moves were primarily aimed at undermining Washington’s standing in the region, without shouldering the same security responsibility or diplomatic costs.

“China’s strategy is to position itself as an alternative to the US, but without engaging in the heavy lifting required to de-escalate regional tensions,” he said.

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