Court affirms Kolade Alabi’s leadership of ALGON

A federal high court in Abuja has dismissed a suit seeking to disqualify Kolade Alabi as the national president of the Association of Local Government of Nigeria (ALGON).

The plaintiffs, Incorporated Trustees of ALGON, Abubakar Abdullahi and Shaban Shuaib, challenged the legality of Alabi’s position as the national president of the association.

The plaintiffs argued that Alabi is not constitutionally qualified to hold any position in ALGON.

They contented that he is a chairman of Bariga Local Government Development Association (LGDA) in Lagos, which is not listed among the 774 LGAs in the country.

They argued that under ALGON’s constitution, only chairmen from the constitutionally recognised LGAs in the country are allowed to lead the association.

Bartholomew Okpara, counsel to the plaintiffs, cited sections 8 of the 1999 constitution, Article 4 of ALGON constitution, as well as a supreme court judgment on the listed LGAs, to support the argument.

“Bariga LCDA is not one of the 774 Local Governments in Nigeria. David, the 8th defendant in this suit, is from an unrecognised local government and as such, not qualified to hold any office in ALGON,” Okpara said.

He prayed the court to declare Alabi’s position as president of ALGON, illegal.

In his defence, Alabi through his legal team led by Wahab Shittu, urged the court to dismiss the suit for being incompetent.

In a preliminary objection, the lawyer insisted that ALGON constitution recognises the office of the president and not the chairman, as “erroneously canvassed in the suit”.

He also argued that the issue is an internal affair of the association which the court has no jurisdiction to preside over.

In his judgement on Friday, Inyang Ekwo, the presiding judge, agreed with the defendants that the matter is an internal affair of the association.

“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 said.

The judge held that an association is bound by its registered constitution. 

He added 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 (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,” the judge ruled.

“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 matters before different courts.

“The consequence of abuse of process of court is fatal as it is the law that when so found,” he said.

“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.”

The judge also awarded a fine of N100,000 against the plaintiffs in favour of Alabi.

He equally directed 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”.

Meanwhile, Alabi’s tenure as ALGON president has ended and Aminu Maifata has succeeded him.