By Suleiman Anyalewechi
The Central Bank of Nigeria CBN, has been restrained from withholding funds accruing to the 44 Local Councils of Kano State from the Federation Allocation Account .
The restraining order, which is perpetual, was granted on Monday, February 17,2025, by a Kano State High Court sitting in Kano.
Delivering judgment in an application filed by the Association of Local Government of Nigeria ALGON , Kano State Chapter, against the country’s apex bank, the AGF ,and others ,Justice Ibrahim Musa- Muhammad ruled that it would amount to a breach of the fundamental rights of the residents, and inhabitants of the 44 Local Government Areas for respondents to withhold their monthly statutory allocation from the Federation Account.
In the motion on notice filed by the Kano State Chairman of ALGON, Ibrahim Muhammad, and five others on November 1,2024, they prayed the court to restrain the CBN, and Federal authorities from withholding, or delaying allocations to the 44 Local Councils of the State under any guise.
Joined in the suit along side the CBN were the Accountant General of the Federation AGF, the Revenue Mobilization Allocation and Fiscal Commission RMAFC, the 44 Local Government Areas of the State ,United Bank for Africa UBA, Access Bank and others .
The Judge in his verdict granted all the reliefs sought by the applicants having established their case beyond any reasonable doubt.
“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 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, 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 LGAs in the distribution of funds accruing from the Federation Account in line with section 16 (3) of the 1999 Constitution of the Federal Republic of Nigeria ( as amended)”, Justice Musa-Muhammad ruled .
The Source reports that the judgment is coming on the heels of a pending motion on notice filed by the All Progressive Congress, APC, Kano Chapter, seeking to halt the monthly allocations of the Councils.
The APC had in the wake of the October 26, 2024, Local Council Polls held in the state approached a Federal High Court sitting in Kano seeking among other things an order barring the CBN ,AGF, RMAFC and others from further remitting Councils’ funds until democratically elected officials are in charge of the Councils.
The APC, based on a subsisting Court ruling had insisted on not recognizing the outcome of the October 26,2024 council polls in the state .
The Source further reports that a Federal High Court sitting in Kano, and presided over by Justice Simon Ameobade had, a few days to the Council Election, declared the exercise null and void.
According to the Court, the Kano State Independent Electoral Commission KANSIEC, was not properly constituted, and, therefore, was not qualified to conduct the polls .
The Court ordered for the suspension of the election, pending when the Electoral Body will be properly constituted ,.
However, the Kano State Government and KANSIEC, ignored the Court ruling, and went ahead with the conduct of the polls.
Dissatisfied, the APC decided to, once again, approach the Court to halt further remittances of monthly allocations to the Councils until democratically elected officials are in charge in line with the earlier pronouncement by the Supreme Court on Local Government Financial Autonomy.
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