A federal High Court in Kano has dismissed a suit filed by All Progressives Congress (APC) to stop statutory allocation to the 44 council areas under the leadership of the New Nigeria People’s Party (NNPP).
In an application moved on November 2024 by APC, chairman of the party, Abdullahi Abba, and one Aminu Aliyu Tiga as respondents, had challenged the constitution of elected NNPP chairmen at the councils.
The respondents had joined other parties, including the Central Bank of Nigeria (CBN), Federal Account Allocation Committee (FAAC), Revenue Mobilisation Allocation and Fiscal Commission (RMAFC), Accountant-General of the Federation, Minister of Finance, Auditor General of the Federation and Attorney General of the Federation.
APC had sought a declaration of the court to invalidate the 44 council chairmen for reportedly not having been democratically elected and constituted pursuant to Section 7(1) of the 1999 Constitution (as amended).
They also demanded that the court restrain the Federal Government, the CBN, and Accountant-General from disbursing statutory funds to Kano’s 44 local government areas.
In his judgment yesterday, Justice Simon Amobeda, said the suit stands dismissed and would remain indefinite with no possible resuscitation in future.
Although the judge acknowledged the notice raised by the respondents to discontinue the matter, he insisted that such processes ought to be filed not later than 14 days after service, bolstering 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.
Counsel to CBN and RMAFC, Mr. B. D. Uche and S. G. Ahmad, told the court that their clients were not part of the appeal at the appellate court, and urged the court to dismiss the suit with a cost of N1 million each.
Lawyer to the Attorney-General of the Federation, Tajudeen Abdullahi, urged the court to dismiss the suit with a cost of N2.5 million. Counsel to Kano State government, Bashir Yusuf-Muhammad, prayed the court to apply the principle of law by dismissing the suit with a N2 billion cost against the plaintiffs.
Also, the legal representative of the Kano State Attorney-General, Sani Mustafa-Dauda, implored the court to dismiss the suit with a cost of N5 million.
Counsel to KANSIEC, Ibrahim Wangida, urged the court to dismiss the suit.
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, prayed the court to dismiss the suit with a cost of N44 million.
