The Federal High Court sitting in Abuja has been asked to stay execution on the judgement which refused to restrain the Central Bank of Nigeria (CBN) from recognizing 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 motion on notice, marked FHC/ABJ/CS/1609/2023, was filed on Monday by the Incorporated Trustees of the ALGON, Abubakar Abdullahi and Shaban Oyinoyi Shuiabu against the Federal Ministry of Finance, Accountant General of the Federation and Governor of Central Bank, the Corporate Affairs Commission (CAC), including Akolade David (eight defendant).
Nairametrics reported that the claimants had alleged in their main suit that Alabi, the immediate past National President, who was Chairman of Bariga Local Council Development Area in Lagos State, at the time, could not 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), the 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 had no legal right to institute a 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 were matters that the ALGON cannot 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, while dismissing the suit.
Reacting to the development, Alabi told newsmen that the verdict has exonerated his leadership.
The new ALGON President, Aminu Muazu Maifata, equally said the judgement has proved that ALGON, as an association, has the capacity to address any misgiving or challenge of any member.
He added,
- “This has now been 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 enjoin others too, even those that constituted this failed case, to contribute to bringing the Nigerian people at the grassroots together.”
Stay of execution process
But in their motion on notice dated April 22, 2024, and seen by Nairametrics, the plaintiffs prayed the trial judge for the following orders in view of his judgement:
” AN ORDER OF THIS COURT staying the execution of the judgment of the Federal High Court of Nigeria, Abuja Division delivered on the 19th day of April 2024 by Honorable Justice Iyang Ekwo pending the determination of the Appeal already filed and served on the Respondents.
“AN ORDER OF THIS COURT restraining the 1st- 8th Respondents, their agents, privies, servants, Assignees, or by whatsoever name they may be called from executing the judgment of the Federal High Court of Nigeria, Abuja Division pursuant to the Judgment of the Federal High Court of Nigeria, Abuja Division delivered on the 19th day of April 2024 by Honorable Justice Iyang Ekwo until the determination of the Appeal already filed and served on the Respondents.”
Opara explained that one of the grounds for the stay of execution of the judgement was that there was a need to preserve the subject matter of the appeal from being dissipated by the execution of the judgment of the Federal High Court Nigeria, Abuja Division delivered by Honorable Justice Inyang Ekwo on the 19th day of April 2024.
Briefing the press on Monday, Shaban Ohinoyi Shuaibu, Chairman, ALGON Board of Trustees (BOT), confirmed their counsel has been directed to do the needful in making sure they seek redress in the appeal court, adding, “We the board of trustees are very determined to right all the wrongs in all the local governments in Nigeria.”
He said,
- “The ALGON Board of Trustees wishes to inform the general public that we are not here to witch-hunt any individual, group or persons or organisation but to ensure the effective management of local government funds in the country.
- “The ALGON BoT will continue to uphold the sanctity of the Constitution of the Federal Government of Nigeria and that of ALGON.”
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.
