In a suit marked FHC/ABJ/CS/1609/2023, the Incorporated Trustees of ALGON, Abubakar Abdullahi and Shaban Shuabu contended that the immediate past president of the association, Alabi, is the chairman of Bariga Local Council Development Area, adding that he was ineligible to be the association’s president.
They argued that the Bariga LCDA was not among the country’s 774 Local Government Areas of the country.
In his judgment on Friday, Justice Inyang Ekwo ruled that the issues raised in the case and the claims of the applicants are within the purview of the ALGON to address through its general assembly and by applying the provisions of its constitution.
“In other words, the subject matter of this case belongs in the realm of internal affairs of the association which no outsider, not even the court can be invited to interfere or resolve,” Ekwo added.
The judge maintained that an association is bound by its registered constitution and also by the decision of the majority taken at its legitimate meetings.
He said any member who disagrees with the majority’s decision, has the option of leaving the association.
“I agree with Alabi that the subject matter of this case is an internal affair of the association and this court ought not to interfere and I so hold.
“This court upholds this leg of objection and declines jurisdiction,” he added.
The judge also described the instant suit as an abuse of the court process, having filed similar matters in FCT in suit numbers: FCT/HC/CV/1823/2021; CV/2329/2020 and FHC/JAL/CS/28/2022 in Jalingo division of the FHC.
He said, “I find this suit is an abuse of process of this court and I so hold. The consequence of abuse of the process of court is fatal as it is the law that when so found.
“In the end, I make an order dismissing this case for lack of locus standi of the plaintiffs, abuse of process of the court and incompetence of the originating process.
“This is the order of this court: I, therefore, make an order striking out this action for lack of locus standi of the applicants.”
The judge subsequently awarded a fine of N100,000 against the plaintiffs, directing that the fine must be paid within 30 days of the order.
Speaking shortly after the judgment, Alabi described the court’s decision as “far-reaching as it will lay to rest all the agitations of these charlatans.”
Alabi, who described the judgment as a victory for democracy, said the fine awarded in his favour would be donated to charity.
Also speaking, the new ALGON President, Aminu Maifata, said it was a long-awaited judgment.
