
A Federal High Court in Abuja has fixed April 30 for judgment in the long-drawn legal battle on the leadership of the Association of Local Governments of Nigeria (ALGON).
Justice Inyang Edem Ekwo fixed the judgment date yesterday after taking arguments from lawyers representing various groups involved in the leadership dispute.
The Incorporated Trustees of ALGON, Abubakar Abdullahi and Shaban Ohinoyi Shuaib had dragged the Attorney General of the Federation (AGF) and Alabi Akolade David to court challenging the emergence of David as National President of ALGON.
The grouse of the plaintiffs is that David is constitutionally not qualified to hold any position in ALGON being the Chairman of Bariga Local Government Development Association (LGDA) in Lagos State, which is not listed among the 774 local councils in Nigeria.
At yesterday’s proceedings, counsel to the plaintiffs, Batholomew Nnamdi Okpara, asked the judge to declare as illegal and unlawful the occupation of ALGON presidency office by David, who is the 8th defendant in the suit.
The counsel informed the court that Nigeria at the moment has constitutionally recognised 774 local councils out of which Lagos has 20 and Bariga LCDA is not one of them.
He tendered a copy of the 1999 Constitution where the 774 local councils are listed and the ALGON Constitution where it is stipulated that only chairmen of constitutionally recognised local councils can hold office in ALGON.
He cited Section 8 of the 1999 Constitution and Article 4 of ALGON Constitution as well as a Supreme Court judgment on the listed local councils 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, not qualified to hold any office in ALGON.”
The lawyer prayed Justice Ekwo 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 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 plaintiff for directing it against the National Chairman of ALGON.
The senior lawyer, in his preliminary objection, insisted that the ALGON constitution recognises the office of the president and not chairman as erroneously canvassed in the suit.
Justice Ekwo thereafter fixed April 30 for judgment, adding that parties would be notified if the judgment is ready before the date.
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