Federal High Court Dismisses APC’s Lawsuit Against Funding of Kano’s 44 Local Government Areas

The Federal High Court in Kano has rejected a lawsuit filed by the All Progressives Congress (APC), which aimed to halt statutory federal funding to the 44 local government areas (LGAs) in Kano State, currently governed by the New Nigerian People’s Party (NNPP).

This legal battle, initiated in November 2024, was spearheaded by APC’s Kano State Chairman, Prince Abdullahi Abbas. Aminu Aliyu Tiga and other national entities were named as respondents in the case.

APC’s primary argument contested the legitimacy of the NNPP-led local council officials. The party claimed these officials were unlawfully appointed and did not emerge through constitutionally mandated democratic elections as stipulated by the Nigerian Constitution.

The suit encompassed several key national bodies, including:

• The Central Bank of Nigeria (CBN)
• The Federal Accounts Allocation Committee (FAAC)
• The Revenue Mobilisation Allocation and Fiscal Commission (RMAFC)
• The offices of the Accountant-General and Auditor-General of the Federation
• The Ministers of Finance and Justice

APC urged the court to nullify the tenure of the 44 local government chairmen, alleging that their positions contravened Section 7(1) of the 1999 Constitution (as amended). Additionally, they sought a legal restriction preventing federal authorities from allocating funds to these councils.

Presiding over the case, Justice Simon Amobeda ruled that the APC’s lawsuit was baseless and, therefore, dismissed the case with finality, leaving no avenue for further pursuit at this level.

Although the respondents signaled their readiness to discontinue the case, Justice Amobeda cited Order 50 Rules 3, 4, and 5 of court procedures, stating that any withdrawal should occur within 14 days of service.

During earlier proceedings, Mr. Sunday Olowomoran, representing the plaintiffs under the instruction of Abdul Adamu-Fagge, SAN, verbally applied to withdraw the case. Olowomoran informed the court that the appellate court had, on June 30, declared that the Federal High Court lacked jurisdiction, placing the Kano State High Court as the proper forum for the matter.

Despite this move, several co-respondents insisted that the case should not be merely struck out but outrightly dismissed—with costs imposed on the APC.

For instance, representatives of the CBN (Mr. B.D. Uche) and RMAFC (S.G. Ahmad) opposed the withdrawal, each demanding ₦1 million in legal costs.

Similarly, Tajudeen Abdullahi, lawyer to the Attorney-General of the Federation, requested a dismissal of the case and demanded ₦2.5 million in costs.

Bashir Yusuf-Muhammad, representing the Kano State Government, called for the application of legal principles to warrant a ₦2 billion cost against the plaintiffs.

The Kano State Attorney-General’s counsel, Sani Mustafa-Dauda, also recommended a ₦5 million cost penalty on the APC.

Additionally, Ibrahim Wangida, counsel for the Kano State Independent Electoral Commission (KANSIEC), highlighted the adverse impact of the lawsuit on the commission, noting that their office remained inaccessible for three months. He requested ₦2 million as compensation.

Representing the 44 local government councils, Senior Advocate of Nigeria Eyitayo Fatogun, advocated for the case’s dismissal with an associated ₦2 million cost, citing Order 50 of the court’s rules.

Finally, Mustapha Hussaini, lawyer for the 44 LGA chairpersons, concluded the submissions by requesting a ₦44 million compensation in total for his clients.