The Federal High Court in Kano has adjourned the hearing of a suit aimed at stopping the statutory allocation of funds to all 44 local government councils in the state.
The matter, initially slated for hearing on Monday, April 14, has now been postponed to May 26, when all pending applications will be entertained.
The suit was filed by Abdullahi Abbas, Aminu Aliyu-Tiga, and the All Progressives Congress (APC).
Their lawyer, Sunday Olowomoran, submitted a motion ex parte dated October 28 and filed on November 1, 2024.
The plaintiffs are asking the court to declare that the current chairmen of the 44 local councils—listed as the 12th to 55th respondents—were not validly elected in line with Section 7(1) of the 1999 Constitution.
This legal action follows an earlier decision by the court on October 23, 2024, which suspended the scheduled October 26, 2025, local government elections pending the proper reconstitution of the Kano State Independent Electoral Commission (KANSIEC), which had been dissolved for alleged partisanship.
Respondents in the suit include the Central Bank of Nigeria (CBN), the Federal Accounts Allocation Committee (FAAC), the Revenue Mobilization Allocation and Fiscal Commission (RMAFC), the Accountant-General of the Federation, the Minister of Finance, the Auditor General of the Federation, and the Attorney General of the Federation. Others are the Secretary to the Government of the Federation, the Kano State Government, the Attorney General of Kano State, KANSIEC, and all 44 local councils.
More parties seek to join suit as court awaits appeal outcome
During the resumed proceedings, counsel to the applicants, Abdul Adamu-Fagge, SAN, informed the court that he received two applications on April 11 at about 4:00 p.m.—one for joinder and the other for a stay of proceedings, pending the outcome of a related case at the Court of Appeal.
“Their application is not ripe for hearing. We filed a counter-affidavit. My Lord, the parties seeking to be joined are not necessary parties,” Adamu-Fagge told the court.
Representing additional interested parties, Sabiu Sammani-Lawan stated that the National Union of Local Government Employees (NULGE), the National Union of Teachers, and health workers had filed a joinder application dated November 20, 2024.
In a similar move, Mustapha Hussain, lawyer to the 44 elected local government chairmen, also filed a joinder application dated April 13.
Femi Falana, SAN, representing the Attorney-General of Kano State, raised no objections to the joinder, adding, “The outcome of the Court of Appeal will determine the faith of the matter.”
Counsel to other respondents—including the CBN, KANSIEC, and the 7th defendant—also did not object to the applications for joinder and adjournment.
Justice Simon Amobeda accepted the new parties into the suit, identifying them as the 56th to 59th respondents. He also commented on a motion on notice sent by Adegboyega Awomolo, SAN, counsel to the Kano State Government.
“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 judge observed.
“The court shall be mindful and wait for the outcome of the appellant court,” he added.
Justice Amobeda instructed the newly joined parties to file and serve their processes before the next hearing. He cautioned that “Any party who serves their processes on the adjournment date will not be heard.”
The court will reconvene on May 26 to hear all outstanding applications.
