By Barr. Abubakar Haruna Yakubu
Tension has trailed recent developments surrounding the Lokoja International Market. According to accounts from stakeholders, the consultant overseeing the Kogi International Market, Comrade Adam Babangida Jimoh, reportedly petitioned the Kogi State Police Command in an effort to halt the inauguration of the newly elected executive members of the Lokoja International Market Association, scheduled for Saturday, December 13, 2025.
The development has raised an important legal and administrative question: Does a market consultant possess the constitutional or statutory authority to intervene in the internal affairs of an association?
Understanding the Legal Limits of a Consultant’s Power
A market consultant—whether appointed by the state government or by a market management board—derives all authority strictly from contract and delegated administrative powers. Their core duties ordinarily include revenue mobilization, sanitation oversight, enforcement of market regulations, and the smooth running of daily operations.
What they do not possess is independent constitutional authority to control, influence, or suspend the democratic activities of private associations operating within the market.
In Nigerian law, power must be:
- Expressly granted by statute,
- Clearly provided for in a valid contractual instrument, or
- Delegated by a competent authority (such as a ministry or local government).
Unless the consultant’s contract explicitly grants him supervisory or regulatory authority over traders’ associations—which is highly uncommon—intervening in their leadership processes amounts to an overreach.
Constitutional Autonomy of Associations
Section 40 of the 1999 Constitution (as amended) guarantees the freedom of association. Members of a traders’ association therefore have the legal right to elect their leaders without undue interference from external entities.
Government bodies may regulate markets for security, health, and orderliness, but they do not ordinarily determine who should lead an independent association within the market. Disputes over such leadership fall under internal mechanisms or, where necessary, judicial resolution.
What a Consultant May Rightfully Do
A consultant, like any other citizen, may:
Alert security agencies if he anticipates a breach of peace,
Write to relevant ministries for clarification,
Request government intervention where contractual obligations are affected.
However, these actions do not translate into authority to stop an inauguration or alter an association’s electoral process. Such a decision, if ever warranted, must emanate from:
A court of competent jurisdiction,
A regulatory authority empowered by law, or
A security agency acting on credible intelligence of imminent threat—not at the unilateral discretion of a consultant.
Role of the Police
The police may receive complaints from any member of the public, including consultants. Their role is to assess whether there is a potential breakdown of law and order. They are not empowered to determine the legitimacy of an association’s leadership unless acting under a court order.
Handling civil or purely administrative disputes as criminal matters undermines the neutral role expected of law enforcement.
Why Clear Boundaries Are Essential
The Lokoja incident underscores a wider national problem: the frequent blurring of lines between market administration and association autonomy. This lack of clarity often breeds unnecessary confrontation.
To prevent future conflicts, the Kogi State Government—like other states—should explicitly define the roles, boundaries, and limitations of market consultants, especially regarding their interactions with existing associations.
Conclusion
While Comrade Jimoh is within his civic rights to lodge a complaint with security agencies, he lacks constitutional and statutory authority to stop the inauguration of a traders’ association’s elected leadership—unless such power is expressly granted by law, contract, or court order.
Respect for due process, constitutional freedoms, and institutional boundaries remains essential for peace, stability, and development in the Lokoja International Market and similar markets nationwide.
Barrister Abubakar Haruna Yakubu is a legal practitioner and human rights activist. He writes from Abuja.
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