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A High Court in Kano State issued a permanent injunction on Monday, preventing the Central Bank of Nigeria (CBN) from withholding funds from the Federation Account allocated to the 44 local governments of the state.
The applicants include the Chairman of NULGE, Ibrahim Muhd, Ibrahim Uba Shehu, Ibrahim Shehu Abubakar, Usman Isa, Sarki Alhaji Kurawa, and Malam Usman Imam.
The applicants, represented by their lawyer, Mr. Bashir Yusuf-Muhammad, submitted an ex parte motion dated November 1, requesting the court to stop the respondents from withholding or delaying crucial allocations necessary for local governance in the state.
The respondents include the Accountant-General of the Federation (AGF), CBN, the Revenue Mobilization Allocation and Fiscal Commission (RMAFC), the 44 local governments of Kano, UBA, Access Bank, and six other commercial banks.
In delivering the judgment, Justice Ibrahim Musa-Muhammad ruled that the applicants had proven their case.
“I resolve in the affirmative that all the reliefs sought by the applicants are granted as follows: “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).”
Earlier, the applicants’ counsel, Yusuf-Muhammad, urged the court to disregard the respondents’ counter affidavit and grant the applicants their requested reliefs.
The counsel for the 44 local governments, Ibrahim Isa-Wangida, who was holding for Eyitayo Fatogun, SAN, did not oppose the application, emphasizing that local government allocations should not be interrupted.
In response, CBN’s counsel, Mr. Ganiyu Ajape, filed a preliminary objection on November 14, 2024, pursuant to Order 8 Rules (1)(2) of the fundamental rights. He requested the court to strike out CBN’s name from the suit, arguing that the court lacked jurisdiction to hear the matter and that the applicants’ reliefs should not be granted.
Counsel for United Bank of Africa and Keystone Bank, Mr. A.B. Emmanuel, as well as counsel for Guarantee Trust Bank, who was holding for Mr. Faruk Asekome, requested the court to strike their clients’ names from the case with a substantial cost.
“My Lord, there is no reasonable cause of action disclosed against our bank. We have no role in the disbursement of Local Government allocations,” Emmanuel argued.
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