The Federal High Court in Abuja has dismissed a case challenging the eligibility of Akolade Alabi as the National President of the Association of Local Government of Nigeria.
In a suit marked: FHC/ABJ/CS/1609/2023, the Incorporated Trustees of the Association of Local Government of Nigeria, Abubakar Abdullahi and Shaban Shuabu contended that the immediate past president of ALGON, Alabi “is the chairman of Bariga Local Council Development Area”, adding that that he 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.
In his judgment on Friday, Justice Inyang Ekwo ruled that the issues raised in the case and the claims of the applicants were 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,” Ekwo added.
The judge maintained that an association was bound by its registered constitution and that it was also bound by the decision of the majority taking at its legitimate meetings.
He said any member who did not agree with the decision of the majority had the option of leaving the association.
“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,” he added.
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 as 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 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.
