Law/Judiciary

Court Restrains ALGON Chiefs

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Justice Abdulkadri
Abdulkafarati of the Federal High Court, Abuja, has restrained Nwabueze Okafor and Ibrahim Dikko, claiming to be National Chairman and Chairman, Board of Trustees of the Association of Local Government of Nigeria (ALGON) to desist from parading themselves as such.
Justice Abdulkafarati, while ruling on a suit filed by the Registered Incorporated Trustees of ALGON, Uthman Kassim Ibrahim, Chairman, Board of Trustees of ALGON and Prince Cornelius Nnaji on behalf of all serving local government chairmen, specifically ordered parties to maintain status quo antle bellum as at when the suit was filed.
The order, which is to subsist until the determination of the suit, was informed by arguments by lawyers to parties in the case.
Platiff’s lawyer, Ted Iseghohi Edwards urged the court to maintain status quo as at March last year. He drew the court’s attention to a subsisting judgment where it was held that Okafor and Dikko are not members of the Incorporated Trustees of ALGON and could not institute a case on their behalf.
Iseghohi Edwards also drew the court’s attention to two existing orders of the court, one for an order directing Okafor, Dikko and Shittu Bamaiyi Yakmut to show cause, and the other for parties to maintain status quo pending the determination.
He urged the court to hold that the orders made on October 15 this year subsist, a request the defendant’s lawyer, Adegboyega Awomolo (SAN) opposed, insisting the preliminary objection raised by his clients should be determined first.
The  plantiffs are by their suit, challenging the “continued flouting” of an earlier judgemnet in suit FHC/ABJ/CS/33/2014, dated March 28, 2014, where Justice Abdulkafarati dismissed the suit filed by the defendants in this case, challenging the eligibility of the plantiffs to be on the board of ALGON.
Justice Abdulkafarati held in the judgment attached to the fresh suit as exhibit: “The irresistible conclusion is that the 2nd and 3rd plantiff (Okafor and Dikko) are not members of the Incorporated Trustees of ALGON and so, they do not have the locus standi to institute the action in the name of 1st plaintiff (Incorporated Trustees).
“Having come to conclusion, I hold that the 2nd and 3rd plaintiff have no locus standi to authorize the institution of this action on behalf of the 1st plaintiff. Secondly, they do not have the locus standi to authorize the institution of this action on behalf of the 1st plaintiff and in its name.
“On the whole, I hold that this court has no jurisdiction to entertain this suit. This suit is an abuse of court process and same is hereby dismissed. “In the fresh suit marked: FHC/ABJ/CS/719/2014, the plaintiff are of the view that either the Registered Trustees led by Kassim Ibrahim or a duly elected executive of serving local government chairmen, is the only body currently recognized by law to run the affairs of ALGON.
The case has been adjourned to November 20 next year for hearing.

 

Vincent-Jaja Mildred

Leader , Rivers State House of Assembly, Hon Chidi Lloyd (right) listening to the Principal Legal Officer of the Assembly, Barr Nwikinane Barine. (middle) and Deputy Speaker of the Assembly, Hon Leyii Kwanee (left) at the sitting of the House, recently. Photo: Chris Monyanaga

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