The Federal High Court sitting in Abuja on Friday fixed April 30 for judgment in a case seeking a declaration that Honorable Akolade David Alabi is not qualified to be national chairman of the Association of Local Government of Nigeria (ALGON).
The claimants argue that Alabi, who was chairman of Bariga Local Council Development Area in Lagos State at the time, cannot be president of the association as Bariga is not among the country’s 774 Local Government Areas.
The suit marked FHC/ABJ/CS/1609/2023, was instituted 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(first to third respondent).
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Other respondents in the suit are the Attorney-General of the Federation, Corporate Affairs Commission (CAC), Inspector General of Police, State Security Services(SSS) and Honorable Alabi Akolade David( fourth to eight respondents).
In their originating summons filed by Barrister Bartholomew Opara, they maintained that Alabi is not eligible to be ALGON chairman as he was not a local government chairman as contemplated by the 1999 Constitution, the Constitution of ALGON and a Supreme Court decision which had touched on the dispute.
Opara contended in his process that Alabi had been removed by ALGON’s National Executive Council in 2019 but he keeps parading himself as chairman.
He therefore urged Justice Inyang Ekwo to uphold the removal of Alabi by NEC and perpetually restrain him from further parading as such.
Part of his reliefs sought read,”A Declaration that all the findings and resolutions of the 1st Claimant’s General Assembly convened on 30th May 2020 remain extant and binding on all and sundry; particularly, the resolution affirming its National Executive Council’s decision which removed the 8th Defendant as 1st Claimants National Chairman on 6th September 20I9; and
the inauguration of an Interim Management Committee (IMC) mandated to set up an electoral committee for the conduct of a substantive Chairmanship election for the 1st Claimant.
“An Order annulling or setting aside the purported General Assembly convened at the 8th Defendant’s instance on 24th March 2021, including all the activities carried out on the said date, to wit: purported resolutions arrived at, amendment of the ALGON Constitution, election /appointment of the 6th & 8th Defendants, alongside their cronies, to different offices.
“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.”
But Alabi’s lawyer, Wahab Shittu, filed a counter affidavit and preliminary objection urging the court to decline jurisdiction on the matter.
At the resumed hearing on Friday, Okpara, adopted his originating summons and response to the eight defendant’s counter affidavit, asking the court to grant his prayers in the interest of justice.
But Shittu told the court to strike out the case and dismiss the entire suit for lack of jurisdiction and for being incompetent.
He added that the entire case rests on the constitution of ALGON and the only person that can be sued is the national president but the person sued is the national chairman.
The court did not attend to the party seeking to be joined because of the issue of jurisdiction raised by Shittu.
“Case adjourned to 30 April 2024 for judgement,” Ekwo said.