The Federal High Court sitting in Abuja on Friday,has dismissed a case seeking a declaration restraining the Central Bank of Nigeria(CBN) from recognizing Honorable Akolade David Alabi’s leadership on the grounds that he was not qualified to be national president of the Association of Local Government of Nigeria (ALGON).
The suit marked FHC/ABJ/CS/1609/2023, was filed by the Incorporated Trustees of the Association of Local Government of Nigeria (ALGON), Honorable Abubakar Abdullahi and Honorable Shaban Oyinoyi Shuabu against the Federal Ministry of Finance, Accountant General of the Federation and Governor of Central Bank, Corporate Affairs Commission (CAC) including Akolade David(eight defendant).
The claimants alleged that Alabi, the immediate past national president, who was chairman of Bariga Local Council Development Area in Lagos State at the time, cannot be president of the association, insisting that Bariga is not among the country’s 774 Local Government Areas.
In their originating summons and motion on notice filed by Barrister Bartholomew Opara, they urged the court to direct the CBN(third defendant), Federal Ministry of Finance and CAC to only relate with their faction.
Part of his reliefs sought in their suit and motion read,”
“An Order for the 1st, 2nd, 3rd, 4th, 5th, 6th & 7th Defendants to forthwith recognise, deal and or relate with the National Chairman of the 1st Claimant, and other persons, who emerged from the election conducted by the electoral committee set up by the Interim Management Committee (IMC) as occasioned by the resolution of the general assembly convened on May 30, 2020.”
“An order of the honorable court restraining the 1st – 7th Defendants from according any form of recognition either by omission or commission to the 8th Defendant who has continuously parading himself as the current National Chairman of the Association of Local Governments of Nigeria (ALGON’S) contrary to the contents of Article 4(1), 5(1) (a) (b) (c), 5(v), (1) (1) & 14 of the Constitution of the Association of Local Governments of Nigeria (ALGON) 1999 and the Supreme Court’s decision in AG., LAGOS STATE Vs. A-G. OF THE FEDERATION (2004) 18 NWLR (Pt.904) 1, pending the determination of the Originating Summons before the Honourable Court.”
But Alabi’s lawyer, Wahab Shittu, filed a counter affidavit and preliminary objection urging the court to decline jurisdiction on the matter and declare that the applicants has no legal right to institute case.
What the judge said
In his judgement on Friday, Justice Inyang Ekwo held that the subject matter of the case and claims of the applicants are matters that the ALGON by its general assembly and by applying the provisions of its Constitution can resolve.
- “In other words, the subject matter of this case belongs in the realm of internal affairs of the association which no outsider, not even the Court can be invited to interfere or resolve,” he added.
The judge maintained that an association is bound by its registered Constitution and that it is also bound by the decision of the majority taken at its legitimate meetings.
He said any member who does not agree with the decision of the majority has the option of leaving the association.
- “I agree with the 8h Defendant that the subject matter of this case is an internal affair of the association and this Court ought.not to interfere and I so hold. This Court upholds this leg of objection and declines jurisdiction,” he said.
The judge further noted that with the existence of Suit Nos: FCT/HC/CV/1823/2021, and CV/2329/2020 in FCT High Court, and, Suit no: FHC/JAL/CS/28/2022 in Jalingo Division of this Court, this present case is therefore tantamount to instituting different actions between the same parties simultaneously in different courts even though on different grounds, thereby making it an abuse of court process.
- “I find this suit is an abuse of process of this Court and I so hold.
- “The consequence of abuse of process of Court is fatal as it is the law that when so found.,”
The judge faulted the plaintiffs for using the exact averments to counter every averment in the processes of the 8th Defendant.
- “This is why in my opinion, the averments of the Plaintiffs have failed to respond to the details of the averments of the 8th Defendant.
- “In the end, I make an order dismissing this case for lack of locus standi of the Plaintiffs, abuse of process of the Court and incompetence of the Originating process.
- “This is the order of this Court.
- “I therefore make an order striking out this action for lack of locus standi of the Applicant.”
The judge subsequently awarded a fine of N100, 000 against the plaintiffs.
Reacting to the development, Alabi told newsmen that the verdict has exonerated his leadership.
The new ALGON president, Hon. Aminu Muazu Maifata, equally said the judgement has proved that ALGON, as an association, has the strata to address any misgiving or challenge of any member.
He added,
- “This has now put to rest that anybody that is not an executive member of ALGON cannot institute any legal action or otherwise against it.
- “Now, we are set to a complete reunion of ALGON. We are set to move ALGON forward and this has really vindicated our immediate-past President, Jon. Kolade Alabi.
- “I enjoined others too, even those that constituted this failed case, to contribute in bringing the Nigerian people at the grassroots together.”
What you should know
- ALGON is the umbrella Association of all the Local Governments and Area Councils in Nigeria.
- The association gathers LG chairman for meetings aimed at developing the grassroots.
