Court adjourns suit seeking to stop Kano LG allocation
A Federal High Court sitting in Kano, on Monday, adjourned the hearing in a suit seeking to stop statutory allocations to the 44 Local Government Councils of Kano State until May 26 for hearing.
The applicants Abdullahi Abbas, Aminu Aliyu-Tiga, and the All Progressive Congress(APC), through their counsel Sunday Olowomoran, filed a motion ex parte dated Oct. 28, and filed Nov.1, 2024.
SolaceBase had reported that the court, on Oct. 23, 2024, halted the conduct of the local government councils’ election scheduled for Oct. 26, 2025, until KANSIEC is properly reconstituted, as it had previously been dissolved by the court for partisanship.
The respondents in the suit are the Central Bank of Nigeria (CBN), the Federal Account Allocation Committee(FAAC), Revenue Mobilization Allocation and Fiscal Commission (RMAFC), Accountant-General of the Federation, Minister of Finance, and Auditor General of the Federation.
Others are the Attorney General of the Federation, the Secretary to the Government of the Federation (SGF), the Kano State Government, the Attorney General of Kano, Kano State Independent Electoral Commission(KANSIEC) and the 44 Kano local governments.
The applicants are seeking a declaration that the 12th to 55th respondents are not democratically elected and constituted pursuant to section 7(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
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They are also asking the court to restrain the Federal Government, the CBN, and the Accountant-General from disbursing statutory funds to Kano’s 44 local government councils.
At the resumed sitting on Monday, counsel to the applicant, Abdul Adamu-Fagge, SAN, told the court he received two applications on April 11, at about 4:00 p.m., one for joinder and another for a stay of proceedings pending the determination of the Appeal Court.
“Their application is not ripe for hearing. We filed a counter-affidavit. My Lord, the parties seeking to be joined are not necessary parties,” he said.
Counsel for parties seeking to be joined, Mr Sabiu Sammani-Lawan, said that NULGE, National Union of Teachers, and health workers filed their joinder application dated Nov.20, 2024.
Counsel for the 44 elected local government chairmen, Mustapha Hussain, filed an application dated April 13, seeking to be joined in the suit.
Counsel to the Kano State Attorney-General, Femi Falana, SAN, did not oppose the application, adding that the outcome of the Court of Appeal will determine the faith of the matter.
Counsel to CBN, B. D. Uche, counsel to KANSIEC, Ibrahim Wangida, and counsel to the 7th defendant, H. M. Ma’aruf, did not object to the joinder application and adjournment.
Justice Simon Amobeda admitted the parties seeking to be joined in the suit as the 56th, 57th, 58th, and 59th respondents.
“The court received a motion on notice seeking an adjournment and a stay of proceedings pending the determination of the Court of Appeal on a related matter. It was sent to the court from the chambers of Adegboyega Awomolo, SAN, counsel to the Kano Government.
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” This application looks so strange in legal practice and procedure. Awomolo ought to have just written a letter instead of a motion on notice.
“The court shall be mindful and wait for the outcome of the appellant court “he said.
He ordered the new parties to file and serve their processes before the next adjourned date.
“Any party who serves their processes on the adjournment date will not be heard,” he warned.
Justice Amobeda adjourned the matter until May 26 for the hearing of all pending applications.
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