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Justice Inyang Ekwo of the Federal High Court, Abuja, has dismissed a case seeking a declaration that Kolade David Alabi is not qualified to be the national president of the Association of Local Government of Nigeria (ALGON). 

In the Suit no. FHC/ABJ/CS/1609/2023 against Hon Alabi, the Incorporated Trustees of ALGON and others, was filed by Hon. Abubakar Abdullahi and Hon. Shaban Ohinoyi Shuaibu in November 2023.

Delivering judgement on Friday, April 19, 2024, Justice Ekwo held that the claims of the applicants are matters ALGON and its general assembly can resolve by applying the provisions of its constitution.

In the well-consideread Judgment, the court while upholding the argument ALGON and its estwhile National President, Hon. Kolade David Alabi in its notice of preliminary objection, dismissed the plaintiffs’ suit.

The court held that the Plaintiffs lacked the Locus Standi to commence the suit as Hon. Abubakar Abdullahi and Hon. Shaba Ohinoyi Shaibu were not Trustees of the Association.

The Court in its wisdom also held that only the incorporated Trustees can authorize the commencement of a suit on its behalf, or the Executive members of the Association led by its President.

Justice Ekwo agreed with the argument of ALGON and Hon. Alabi’s legal team that the plaintiffs’ action of commencing multiple suits seeking the same reliefs constitutes an abuse of Court process.

The Court equally held that the subject matter of the suit which borders on leadership of ALGON is a matter that can only be determined by majority members of the Association and not any outsider like the plaintiffs or any authority, not even the Court.

It further held that any aggrieved member of the association has a remedy of voluntarily exiting the association.

In its entirety, the suit was dismissed and the Court awarded a cost of N100,000 (One Hundred Thousand Naira) against Hon. Abubakar Abdullahi and Hon. Shaban Ohinoyi.

Meanwhile, while reacting to the Judgement, the new ALGON National President, Hon Aminu Mu’azu Maifata called for unity in the association.

He thanked ALGON lawyers and the presiding Judge as well as the entire membership of the Judicial for their painstaking jurisprudence, which according to him, is in the best interest of all Nigerian who are the rightful owners of ALGON.

He said that to err is human and forgiveness is divine, hence he used the opportunity to extend olive branch to the plantiffs despite the distractions and visible consequences it has caused to the association.

On hand at the court premises during the judgment were the Chairman Board of Trustees (BOT) of ALGON, Chief (Hon) Odunayo Ategbero, the BOT Secretary, Hon Bayo Ishola, former Deputy National President, Hon Shehu Jega and hand full of top-notch lawyers including Barristers Donald, Ayibowu, and Tunde Onamusi.