A Federal High Court in Abuja has fixed April 30 for judgment in the long drawn legal battle over the leadership of the Association of Local Governments of Nigeria (ALGON).
Justice Inyang Edem Ekwo fixed the judgment date on Friday 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 dragged the Attorney General of the Federation AGF, and Hon Alabi Akolade David, before the court.
The plaintiffs filed the suit to challenge 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 a Chairman of Bariga Local Government Development Association, LGDA, in Lagos, which is not listed among the 774 Local Governments in Nigeria.
At Friday’s processings, 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 recognized 774 Local Governments out of which Lagos has 20 and Bariga LCDA is 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 recognized Local Governments can hold office in the association.
He cited Section 8 of the 1999 Constitution and Article 4 of 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 sn unrecognized 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 the ground of 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 a Senior Advocate of Nigeria, SAN, Wahab Shittu, 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 recognizes 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.
It would be recalled that the court had earlier restrained the 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 24th March 2021, or any other day, during the pendency of the suit.