The Federal High Court in Kano, on Monday, adjourned a hearing in a suit seeking to suspend statutory allocations to Kano State’s 44 local government councils until May 26, 2025.
The suit, filed by Abdullahi Abbas, Aminu Aliyu-Tiga, and the All Progressives Congress (APC), challenges the legality of the councils, alleging they were not democratically elected as stipulated by the 1999 Constitution (as amended).
Justice Simon Amobeda postponed the case after admitting four new parties seeking to join the suit: the National Union of Local Government Employees (NULGE), the National Union of Teachers, health workers, and the 44 elected local government chairmen. These parties were listed as the 56th to 59th respondents.
“The court received a motion on notice seeking adjournment and stay of proceedings pending the determination of a related matter at the Court of Appeal,” Justice Amobeda said. “This application looks so strange in legal practice and procedure. Awomolo ought to have just written a letter instead of a motion on notice.”
He warned that all processes must be filed and served before the adjourned date.
“Any party who serves their processes on the adjournment date will not be heard,” the judge emphasized.
The applicants, through their counsel, Abdul Adamu-Fagge (SAN), maintained that the 44 local councils are not lawfully constituted.
“My Lord, the parties seeking to be joined are not necessary parties,” Adamu-Fagge argued, adding that the applications were not ripe for hearing.
However, counsel to the parties seeking joinder, Sabiu Sammani-Lawan, told the court that their application, filed on November 20, 2024, was made in good faith.
“We believe our clients have a direct interest in the outcome of this suit and must be heard,” he said.
Also joining in the request was Mustapha Hussain, counsel to the 44 elected LG chairmen, who filed an application dated April 13.
Counsel to the Kano State Attorney-General, Femi Falana (SAN), did not oppose the joinder.
He, however, said, “The outcome of the Court of Appeal will determine the fate of this matter”.
Counsel representing the Central Bank of Nigeria (CBN), B.D. Uche; Kano State Independent Electoral Commission (KANSIEC), Ibrahim Wangida; and the 7th respondent, H.M. Ma’aruf, also did not object to the applications.
The APC and its co-applicants are seeking to restrain the Federal Government, CBN, and Accountant-General from disbursing statutory allocations to the 44 LGAs in Kano State, arguing that the councils are not in compliance with Section 7(1) of the Constitution, which mandates democratic elections at the local level.
The suit lists the Central Bank of Nigeria(CBN), Federal Accounts Allocation Committee (FAAC), Revenue Mobilization Allocation and Fiscal Commission (RMAFC), the Accountant-General of the Federation, the Minister of Finance, and the Auditor-General of the Federation among the respondents.
Others include the Attorney-General of the Federation, Secretary to the Government of the Federation, Kano State Government, Attorney-General of Kano State (KANSIEC), and the 44 local councils.
The court had on October 23, 2024, halted the conduct of Kano LG elections earlier scheduled for October 26, 2025, citing the improper composition of KANSIEC, which had been dissolved by the court over alleged partisanship.
The case continues on May 26.