A case challenging the eligibility of Akolade Alabi as the National President of the Association of Local Government of Nigeria has been dismissed by the Federal High Court in Abuja.
Referred to as FHC/ABJ/CS/1609/2023, the Incorporated Trustees of ALGON, Abubakar Abdullahi and Shaban Shuabu, argued that Alabi, the former president of the association, also serving as the chairman of Bariga Local Council Development Area, was ineligible to hold the position of the association’s president.
They contended that the Bariga LCDA was not recognized among the 774 Local Government Areas of the country.
Justice Inyang Ekwo, in his ruling on Friday, stated that the issues raised by the applicants and the claims made fell under the jurisdiction of ALGON to handle through its general assembly and by adhering to its constitution.
He added, “The subject matter of this case pertains to the internal affairs of the association, which should be handled by the association and not the court.”
Ekwo emphasized that an association is governed by its registered constitution and the decisions made by the majority in its lawful meetings.
He mentioned that any member who disagrees with the majority has the option to exit the association.
“I concur with Alabi that this case falls under the internal affairs of the association and it is not within the court’s jurisdiction to intervene,” Ekwo stated.
“This court sustains this objection and rejects jurisdiction,” he further added.
The judge labeled the current lawsuit as an abuse of the court process, citing similar cases filed in the FCT with suit numbers: FCT/HC/CV/1823/2021; CV/2329/2020, and FHC/JAL/CS/28/2022 in Jalingo division of the FHC.
He indicated, “I find this lawsuit to be an abuse of the court process, and I affirm it as such. The consequences of abusing the court process are severe as per the law.”
“In conclusion, I issue an order to dismiss this case due to the lack of standing of the plaintiffs, abuse of the court process, and inadequacy of the initiating process.
“This is the verdict of the court: I, therefore, order the removal of this action due to the lack of standing of the applicants.”
Furthermore, the judge levied a fine of N100,000 against the plaintiffs, with the stipulation that the fine must be paid within 30 days of the ruling.
In response to the court’s decision, Alabi expressed satisfaction, deeming it a significant resolution for ending the disputes posed by the plaintiffs.
Alabi hailed the judgment as a victory for democracy and declared that the awarded fine would be directed towards charitable causes.
Similarly, the new ALGON President, Aminu Maifata, hailed the judgment as a long-awaited outcome.