A Kano High Court, on Monday, orders a strong perpetual injunction stopping any attempt by the Federal government to tamper with the statutory allocation due monthly to 44 local governments of Kano state.
Justice court specifically restrained the Attorney General of Federation, AGF; Central Bank of Nigeria, CBN; Revenue Mobilization Allocation and Fiscal Commission, RMAFC and others from withholding the council funds as sought.
The Nigerian Union of Local Government Employmees (NULGE), Kano state chapter had dragged the Federal government and it’s relevant revenue agencies before the state high court seeking to refuse any eventualities and or, possible attempt to deny its members their sources of income.
The applicants, through their counsel, Bar. Bashir Muhammad, had filed a motion exparte dated Nov.1, seeking the court to restrain the respondents from withholding or delaying allocations essential for local governance in the State.
Justice Ibrahim Muhammad, a Judgment handed held that the applicants had established their case beyond reasonable doubt and therefore, granted all reliefs as sought.
Justice Muhammed declared that the respondents are under obligations under the relevant extant laws of the land to release and disburse the monthly allocations belonging to all sub-federating units of the country.
“I resolve in the affirmative that all the reliefs sought by the applicants are granted as follows, that by the decision of the Supreme Court of Nigeria in suit No SC/CV/343/2024 Attorney General of Abia State and 35 others.
“The Kano State Local Government Council Electoral Laws 2022, the AGF, CBN, and RMAFC are under a duty to disburse monthly allocations to the 44 LGAs as democratically elected Local Government Councils.
“A Declaration that withholding these allocations would amount to a breach of the fundamental rights of the residents, inhabitants in the 44 Local government Councils, as guaranteed under Sections 33, 42 and 43,44, 45 and 46 of the 1999 Constitution of the Federal Republic Of Nigeria (As Amended).
“Articles 13,19,22 and 24 of the African Charter on Human and Peoples Rights for the AGF, CBN and RMAFC to exclude
the 44 LG in the distribution from funds accruing from the Federation Account in line with Section 162(3) of the 1999
Constitution of the Federal Republic of Nigeria (as amended),” Justice Muhammad said.
Counsel to the applicants, Muhammad had pleaded to the court to discountenance the respondents’ counter affidavit and grant the applicants’ reliefs as contained in the motion.
Similarly, Counsel to the 44 Local Governments, Ibrahim Isa-Wangida, who held brief for Eyitayo Fatogun, SAN, did not oppose the plaintiff’s application, adding that the disbursement of LG allocations should not be truncated.
However, Counsel to CBN, Ganiyu Ajape, had filed notice of preliminary objection dated Nov.14, 2024 pursuant to order 8 rules (1)(2) of the fundamental rights.
The CBN lawyer had urged the court to strike out the name of CBN in the suit for lacking jurisdiction to entertain the matter and not to grant the applicants relief.
The Court however overuled the CBN argument and passed the Judgment in favor of the applicants.
Though, not joined in the matter, the ruling All Progressives Congress (APC) had dragged Kano state government before the Federal high court sitting in Kano asking the Federal agencies in charge of Federal allocation to deny the 44 councils in Kano the monthly allocation.
