Court Delivers Judgement in Suit Seeking Sack of Alabi David as ALGON President on April 30

Alex Enumah in Abuja

Justice Inyang Ekwo of a Federal High Court in Abuja, yesterday, fixed April 30 for judgement in the suit seeking the sack of Hon. Alabi David as the National President of the Association of Local Governments of Nigeria (ALGON).
Justice Ekwo fixed the date for judgement after taking arguments from lawyers representing various groups involved in the leadership dispute.

The Incorporated Trustees of ALGON, Hon. Abubakar Abdullahi and Hon. Shaban Ohinoyi Shuaib had sued the Attorney General of the Federation (AGF), and Alabi David before the court challenging the emergence of David as National President of ALGON.
The plaintiffs claimed that David is constitutionally not qualified to hold any position in ALGON being a Chairman of Bariga Local Council Development Areas (LCDA) in Lagos not listed among the 774 Local Governments in Nigeria.

At yesterday’s proceedings, counsel to the plaintiffs, Bartholomew Okpara, asked the court to declare as illegal and unlawful, the occupation of ALGON presidency office by David who is the 8th defendant in the suit.
The lawyer argued that Nigeria at the moment has constitutionally recognised 774 local governments out of which Lagos has 20 and Bariga LCDA not one of them.

He tendered a copy of Nigeria’s Constitution where the 774 local governments are listed and ALGON Constitution where it is stipulated that only chairmen of constitutionally recognised local government chairmen can hold office in ALGON.
He cited Sections 8 of the 1999 Constitution and Article 4 of ALGON Constitution as well as a Supreme Court judgement on the listed LGAs to buttress his arguments.

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

The lawyer prayed Justice Ekwo to invoke Sections 150 and 170 of the Nigerian Constitution to compel the AGF and others to ensure compliance with their statutory obligations by protecting ALGON from what he called impostors.
The plaintiffs’ lawyer canvassed that the General Assembly convened by David on March 24, 2021, where purported resolutions, election and amendment were made be declared unlawful, null and void on ground of illegality.

Okpara sought order of perpetual injunction restraining David from further parading or holding himself out as an officer or representative of ALGON.
However, David represented by Wahab Shitu, SAN, asked the judge to dismiss the case of the plaintiffs for directing it against the National Chairman of ALGON.

The senior lawyer in his preliminary objection insisted that ALGON Constitution recognises the office of the President and not Chairman as erroneously canvassed in the suit.

Justice Ekwo thereafter fixed April 30 for judgement adding that parties would be notified if the judgement is ready before the date.

It would be recalled that the court had earlier restrained the chairman of Bariga Local Council Development Area (LCDA), Alabi Akolade David-led faction of the ALGON from parading themselves as the leaders of the association.

The court had also ordered the faction from taking any further action, steps, proceedings and assembly, relating to the conduct of ALGON’s General Assembly, slated for March 24, 2021, or any other day during the pendency of the suit.