The Federal High Court sitting in Kano on Monday adjourned the hearing of a lawsuit challenging statutory allocations to the 44 local government councils in Kano State. The case has now been rescheduled for May 26, 2025.
The lawsuit, filed by Abdullahi Abbas, Aminu Aliyu-Tiga, and the All Progressives Congress (APC), challenges the legality of the current local government councils in the state.
The plaintiffs argue that the councils were not democratically elected as required by the 1999 Constitution (as amended). They seek to stop the disbursement of statutory allocations to the councils until the matter is resolved.
Justice Simon Amobeda presided over the proceedings and adjourned the case after admitting four new parties to be joined in the suit.
These new parties include the National Union of Local Government Employees (NULGE), the National Union of Teachers, health workers, and the 44 elected local government chairmen. They have been added as respondents 56 to 59.
Justice Amobeda noted that the motion seeking an adjournment and stay of proceedings was unusual, stating, “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 emphasized that all parties must file and serve their processes before the adjourned date. “Any party who serves their processes on the adjournment date will not be heard,” the judge warned.
Counsel for the applicants, Abdul Adamu-Fagge (SAN), argued that the 44 local councils were not lawfully constituted. He contended that the parties seeking to be joined were not necessary to the case and that the applications were premature.
However, Sabiu Sammani-Lawan, counsel for the parties seeking to join, defended their application, stating, “We believe our clients have a direct interest in the outcome of this suit and must be heard.”
Counsel representing the 44 elected LG chairmen, Mustapha Hussain, also supported the motion, filing an application dated April 13, 2025.
Femi Falana (SAN), representing the Kano State Attorney-General, did not oppose the joinder but indicated that the outcome of a related Court of Appeal case would ultimately determine the fate of the suit.
The plaintiffs, led by APC, are seeking an injunction to prevent the Federal Government, the Central Bank of Nigeria (CBN), and the Accountant-General from disbursing funds to the 44 local governments in Kano State. They argue that the councils are not in compliance with Section 7(1) of the Constitution, which mandates that local governments be democratically elected.
The case also includes a wide range of respondents, including the CBN, Federal Accounts Allocation Committee (FAAC), Revenue Mobilization Allocation and Fiscal Commission (RMAFC), and various federal and state government bodies, along with the 44 local councils in Kano.
In an earlier ruling on October 23, 2024, the court halted the conduct of Kano State local government elections, which were scheduled for October 26, 2025.
This decision was based on the improper composition of the Kano State Independent Electoral Commission (KANSIEC), which had been dissolved by the court due to alleged partisanship.
The case will continue on May 26, 2025, when the court is expected to hear further submissions and potentially issue a ruling on the matter.