A Federal High Court (FHC) in Abuja on Friday upheld Kolade Alabi-led leadership of Association of Local Governments of Nigeria (ALGON).
Justice Inyang Ekwo, in a judgment, dismissed the suit, seeking a declaration that Alabi was not qualified to be National President of ALGON.
Justice Ekwo, who held that the applicants lacked the legal right to institute the matter, said the suit was an abuse of court process; the applicants, having filed similar suits to challenge Alabi’s presidency.
In a suit marked: FHC/ABJ/CS/1609/2023, the Incorporated Trustees of the Association of Local Governments of Nigeria, Abubakar Abdullahi and Shaban Shuabu contended that Alabi, the immediate-past ALGON President and current Chairman of Bariga Local Council Development Area in Lagos, was ineligible be president of the association.
They argued that Bariga LCDA was not among the country’s 774 Local Government Areas of the country.
They sued the Federal Ministry of Finance, Accountant-General of the Federation and Governor of Central Bank as 1st to 3rd respondents.
Others joined in the matter include the Attorney-General of Federation, Corporate Affairs Commission (CAC), Inspector-General (I-G) of Police, State Security Services(SSS) and Alabi as 4th to 8th respondents respectively.
The judge ruled that the issues raised in the case and the claims of the applicants are within the purview of the ALGON to address through its general assembly and by applying the provisions of its constitution.
“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,” Justice Ekwo 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 taking 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.
Justice Ekwo added: “I agree with Alabi 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.”
The judge also described the instant suit as an abuse of court process, having filed similar matter in FCT in suit numbers: FCT/HC/CV/1823/2021; CV/2329/2020 and FHC/JAL/CS/28/2022 in Jalingo division of the FHC.
He said: “I find this suit 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.
“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 applicants.”
The judge subsequently awarded a fine of N100, 000 against the plaintiffs, directing that the fine must be paid within 30 days of the order.
Speaking shortly after the judgment, Alabi described the court’s decision as “far-reaching as it will lay to rest all the agitations of these charlatans.”
Alabi, who described the judgment as victory for democracy, said the fine awarded in his favour would be donated to charity.
Also speaking, the new ALGON President, Aminu Muazu Maifata, said it was a long-awaited judgment.
“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.
“And that has been proved and it has clearly stated that ALGON, as an association, has strata to address any misgiving or challenge of any member,” he said.
He called on all members, including the aggrieved ones, to come together to move the association forward.
“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.
“I enjoined others too, even those that constituted this failed case, to contribute in bringing the Nigerian people at the grassroots together,” he said.
