Court dismisses suit seeking to stop allocation to Kano’s 44 LGAs

Federal High Court in Kano has dismissed a suit filed by the APC chairman in the state, Abdullahi Abbas, and another person, seeking to stop statutory allocations to Kano’s 44 local government councils on the grounds that their chairmen and 484 councillors were not democratically elected. Ruling on the plaintiffs’ application to withdraw suit number […]

Federal High Court in Kano has dismissed a suit filed by the APC chairman in the state, Abdullahi Abbas, and another person, seeking to stop statutory allocations to Kano’s 44 local government councils on the grounds that their chairmen and 484 councillors were not democratically elected.

Ruling on the plaintiffs’ application to withdraw suit number FHC/KN/CS/425/2024, Justice Simon Amobeda held that while a case can be voluntarily discontinued with or without the court’s leave, in this instance, a dismissal was appropriate to prevent re-filing in the future.

The judge, however, declined to award costs against the plaintiffs as requested by the defendants.

The Kano State Government had asked the court to award N2 billion in costs against Abbas following his move to withdraw the suit.

Justice Amobeda had earlier ruled in October 2024 that the Kano State Independent Electoral Commission (KANSIEC) was not properly constituted to conduct the October 26 local government election, which the ruling NNPP still won.

However, in June, the Court of Appeal stripped the Federal High Court of jurisdiction in the matter, stating that the State High Court should have been approached in cases involving KANSIEC.

Abbas and Aminu Tiga had sought an order stopping the Central Bank of Nigeria (CBN), the Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC), the Federation Account Allocation Committee (FAAC), and the Federal Ministry of Finance from releasing funds to the LGAs due to alleged non-compliance with the October election order.

They argued that KANSIEC Chairman Professor Sani Lawal Malumfashi and some commissioners were NNPP members, rendering them unqualified for their positions.

Following the appeal court’s ruling voiding the earlier judgment, the APC chairman sought to withdraw the suit still pending before Justice Amobeda.

However, Kano State’s counsel, Bashir Yusuf Tudun Wazirci, urged the court to dismiss the case and award N2 billion in costs, calling the suit frivolous.

Attorney General of Kano State, Haruna Dederi, sought N5 million in costs against the chairman.

KANSIEC’s lawyer, Ibrahim Wangida, said the commission suffered psychological trauma from the case and demanded N2 million.

Counsel for the CBN, BD Utai, said the apex bank was not part of the previous suit and consented to the withdrawal at a cost of N1 million.

The ruling effectively ends the lingering legal battle over statutory allocations to Kano’s 44 local government councils.