This legal dispute centers around the legitimacy of the 44 local government councils in Kano State, Nigeria, and their entitlement to receive statutory allocations. The plaintiffs, Abdullahi Abbas, Aminu Aliyu-Tiga, and the All Progressives Congress (APC), contend that the current local government councils are not democratically elected as mandated by the Nigerian Constitution, specifically Section 7(1). Consequently, they seek a court order to prevent the disbursement of federal funds to these councils. This case represents a significant political and legal battle with potential ramifications for local governance and resource allocation in Kano State.
The plaintiffs have initiated legal proceedings against a wide array of defendants, including key federal entities responsible for financial allocations and oversight, such as 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. Additionally, the suit names the Secretary to the Government of the Federation, the Kano State Government, the Attorney General of Kano State, the Kano State Independent Electoral Commission (KANSIEC), and the 44 local government councils themselves. This extensive list of defendants underscores the complexities of the case and its wide-ranging implications for various levels of government.
The plaintiffs’ core argument rests on the alleged undemocratic constitution of the local government councils. They assert that the councils were not formed in accordance with the constitutional requirement for democratic elections, thereby undermining their legitimacy and authority to receive federal funds. This challenge strikes at the heart of local governance in Kano State and raises fundamental questions about the proper functioning of democratic processes at the grassroots level. The outcome of this litigation could have profound implications for the delivery of essential services and the administration of local affairs within the state.
The legal proceedings have been marked by delays and adjournments, frustrating the timely resolution of the dispute. In a recent hearing before Justice Simon Amobeda of the Federal High Court in Kano, the absence of Chief Adegboyega Awomolo, SAN, the counsel representing the Kano State Government, led to yet another postponement. While Justice Amobeda expressed his reluctance to grant further adjournments, acknowledging the numerous delays already encountered, he ultimately agreed to reschedule the hearing for April 14, 2025. The judge’s insistence that all necessary processes be filed and served before the next hearing signals his determination to expedite the proceedings and prevent further unnecessary delays. This emphasis on procedural efficiency underscores the court’s commitment to ensuring a fair and timely resolution of the case.
Previous instances of adjournment highlight the challenges in bringing this matter to a swift conclusion. Earlier in the year, on January 21, 2025, the hearing was stalled due to the unavailability of John Baiyeshea, the counsel for KANSIEC. These repeated postponements not only prolong the legal battle but also contribute to uncertainty surrounding the administration and funding of local government in Kano State. The frequent interruptions raise concerns about access to justice and the efficient operation of the legal system.
The ongoing legal battle reflects a broader tension between the state government and the APC, the ruling party at the federal level. The dispute over the legitimacy of the local government councils may be seen as part of a larger political power struggle between these entities. The outcome of this case could significantly impact the balance of power within Kano State and influence the allocation of resources at the local level. This case, therefore, carries significant political weight and its resolution will likely have far-reaching consequences beyond the immediate legal dispute. The court’s eventual decision will not only determine the legality of the existing local government councils but may also set a precedent for future challenges to local government formations across Nigeria.
