A Federal High Court sitting in Kano, has dismissed a suit to restrain the federal government, Central Bank of Nigeria (CBN) and the accountant-general from disbursing statutory funds to Kano’s 44 local government areas.
The applicants Abdullahi Abbas, Aminu Aliyu-Tiga and the All Progressives Congress (APC) through their counsel, Sunday Olowomoran, filed a motion exparte dated October 28, and filed on November 1, 2024.
The respondents include the CBN, the Federal Account Allocation Committee (FAAC), Revenue Mobilisation Allocation and Fiscal Commission (RMAFC), the accountant-general of the federation, minister of finance, auditor-general of the federation, and attorney-general of the federation.
Others are the secretary to the government of the federation (SGF), the Kano State government, attorney-general of Kano State, Kano State Independent Electoral Commission (KANSIEC) and the 44 councils.
The applicants are also seeking a declaration that the 12th to 55th respondents are not democratically elected and constituted pursuant to section 7(1) of the constitution of the Federal Republic of Nigeria 1999 (as amended).
Justice Simon Amobeda, in his ruling, held that after listening to both parties, especially the applicants even though a notice of discontinuance which ought to be filed not later than 14 days after service, was filed after a hearing date had been fixed, citing Order 50 Rules 3, 4 and 5 of the court.
“To avoid resuscitating the case in the future, the proper order to make is to dismiss the case.
“In view of this, leave is hereby granted to the applicants to withdraw the case.
The suit is hereby dismissed with no cost,” Amobeda said.
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. He pointed out that the suit was appealed at the appellate court, as such, the federal court lacks jurisdiction to entertain the matter but the State High Court.
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.
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, also urged the court to dismiss the suit with a cost of N5 million.
Counsel to KANSIEC, Ibrahim Wangida, told the court that the office has suffered both psychological and physical trauma for three months where their offices was locked. He therefore urged the court to dismiss the suit, requesting for N2 million.
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.
Similarly, counsel for the 44 elected local government chairmen, Mustapha Hussaini, urged the court to dismiss the suit with a cost of N44 million.
