COURT FIXES APRIL 30 FOR JUDGEMENT IN ALGON LEADERSHIP CRISIS SUIT
A Federal High Court in Abuja has fixed April 30 for judgment in the Association of Local Governments of Nigeria’s protracted leadership crisis.
The court disclosed this after its proceedings on Friday.
ALGON had been enmeshed in a leadership crisis after the National Executive Council of the association sacked Akolade David as its president, claiming he was not eligible to occupy the position.
The statement announcing the president, Akolade David’s sack said, “ALGON has come to the unfortunate realisation that the man who has been at the helm of affairs as president of ALGON, is not a chairman of any of the recognised 774 Local Government areas (LGAs) in Nigeria as enshrined in the 1999 constitution of the federal Federal Republic of Nigeria as amended.”
David has persistently declined to surrender power, leading to a legal dispute.
In the suit marked FHC/ABJ/CS/1609/2023, instituted by the Incorporated Trustees of ALGON, Abubakar Abdullahi and Shaban Shuabu against the Federal Ministry of Finance, Accountant General of the Federation and Governor of Central Bank (first to third respondent).
The Attorney-General of the Federation, Corporate Affairs Commission, Inspector General of Police, State Security Services, and Akolade David are fourth to eight respondents.
The claimants, through their lawyer, Bartholomew Opara, maintained that Alabi is not eligible to be ALGON chairman, adding that he was not a local government chairman as prescribed by the 1999 Constitution, the Constitution of ALGON, and a Supreme Court decision.
Opara contended that David had been removed by ALGON’s National Executive Council in 2019, but he keeps parading himself as chairman.
The claimants, however, urged the court to uphold the removal of David by NEC and perpetually restrain him from further parading as such.
At the proceedings on Friday, Okpara urged the judge to declare David’s occupation of the ALGON Presidency office as illegal and unlawful.
He contended that Nigeria currently acknowledges 774 Constitutionally recognised Local Governments, among which Lagos possesses 20, adding that Bariga LCDA, in which David is the chairman, is not recognised by the constitution.
He cited sections 8 of the 1999 Constitution and Article 4 of the ALGON Constitution as well as a Supreme Court judgment 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 an unrecognised local government and as such, is not qualified to hold any office in ALGON.
“I urge my lord to invoke sections 150 and 170 of the Constitution to compel the AGF and others to ensure compliance with their statutory obligations by protecting ALGON from David.”
Okpara additionally implored the court to deem the General Assembly convened by David on March 24, 2021, where alleged resolutions, elections, and amendments were conducted, as unlawful, null, and void based on illegality.
Okpara sought an 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 Shittu, (SAN) asked the judge to dismiss the case of the plaintiffs for directing it against the National Chairman of ALGON.
Shittu insisted that the ALGON constitution recognises the office of the President and not the Chairman, as erroneously canvassed in the suit.
Justice Inyang Ekwo, after listening to arguments, fixed April 30 for judgment.