A Federal High Court in Kano has dismissed a suit filed by the All Progressives Congress (APC) to stop the statutory allocation to 44 local government councils under the leadership of the New Nigerian People’s Party (NNPP).
An application moved in November 2024 by APC Chairman Prince Abdullahi Abba, with Aminu Aliyu Tiga as a respondent, challenged the constitutionality of the elected NNPP chairmen at the councils.
The respondents had joined other parties, including the Central Bank of Nigeria (CBN), the Federal Account Allocation Committee (FAAC), the Revenue Mobilisation 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.
APC sought a declaration from the court to invalidate the 44 local government chairmen for not being democratically elected and constituted, pursuant to section 7(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
They also demanded that the court restrain the Federal Government, the CBN, and the Accountant-General from disbursing statutory funds to Kano’s 44 local government councils.
In his judgment on Monday, Justice Simon Amobeda said the suit stands dismissed and would remain indefinite with no possible resuscitation in future.
Although Justice Amobeda acknowledged the notice raised by the respondents to discontinue the matter, the judge insisted such processes ought to be filed not later than 14 days after service, buttressing the submission with Order 50 Rules 3, 4 and 5 of the court.
Earlier, while addressing the court on the propriety or otherwise of the case, counsel to the applicants, Mr. Sunday Olowomoran, on behalf of the lead counsel, Abdul Adamu-Fagge, SAN, made an oral application to withdraw the case.
“My Lord, this suit was appealed. The appellate court on June 30 said this court lacks jurisdiction to entertain the matter and that the Kano State High Court is the proper court to entertain it,” Olowomoran said, urging the court to strike out the case.
Counsel to CBN and RMAFC, Mr. B. D. Uche and S. G. Ahmad, informed the court that their clients were not parties to the appeal at the appellate court and urged the court to dismiss the suit with costs of N1 million each.
Counsel to the Attorney-General of the Federation, Tajudeen Abdullahi, urged the court to dismiss the suit, not strike it out, with a cost of N2.5 million.
Counsel to Kano State Government, Bashir Yusuf-Muhammad, urged the court to apply the principle of law by dismissing the suit with a cost of N2 billion against the plaintiffs.
Also, counsel to the Kano State Attorney-General, Sani Mustafa-Dauda, urged the court to dismiss the suit with a cost of N5 million.
Counsel to KANSIEC, Ibrahim Wangida, urged the court to dismiss the suit, not strike it out.
“My Lord, KANSIEC has suffered psychological and physical trauma; the office was locked for three months. We have filed processes, services, and printing. We are asking for a cost of N2 million,” he said.
Counsel to the 44 local governments, Eyitayo Fatogun, SAN, also urged the court to dismiss the suit with a cost of N2 million, citing Order 50 of the rules of the court.
Counsel for the 44 elected local government chairmen, Mustapha Hussaini, urged the court to dismiss the suit with a cost of N44 million.
