A high court in Kano State has issued a permanent order preventing the Central Bank of Nigeria (CBN) from withholding funds from the federation account meant for the 44 local government areas (LGAs) in the state.
The applicants led by Ibrahim Muhammed, chairman of the National Union of Local Government Employees (NULGE), alongside five others filed a motion ex parte on November 1, seeking to restrain the relevant authorities from delaying or withholding the vital allocations necessary for local governance in the state.
The defendants in the case include Ibrahim Shehu, Ibrahim Abubakar, Usman Isa, Sarki Kurawa, Usman Imam, the accountant-general of the federation (AGF), the CBN, the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC), as well as several commercial banks including United Bank for Africa and Access Bank.
In November, Judge Ibrahim Musa-Muhammad issued an interim order preventing the CBN and the AGF from withholding funds for the 44 LGAs in Kano pending the resolution of the suit.
On Monday, delivering the final judgment, Justice Musa-Muhammad ruled in favor of the applicants, affirming that they had successfully proven their case. The judge emphasized that the AGF, CBN, and RMAFC are legally required to disburse monthly allocations to the 44 LGAs, as these councils are democratically elected.
Musa-Muhammad declared that withholding these funds would violate the fundamental rights of the residents and inhabitants of the 44 LGAs, citing several sections of the 1999 Constitution of Nigeria. Specifically, he referenced Sections 33, 42, 43, 44, 45, and 46, which protect the rights of individuals within the local councils.
The court further held that it would be a breach of the African Charter on Human and Peoples’ Rights, under Articles 13, 19, 22, and 24, for the AGF, CBN, and RMAFC to exclude the 44 LGAs from the allocation of funds accrued from the Federation Account, in line with Section 162(3) of the Nigerian Constitution.
This ruling is a significant victory for the LGAs of Kano, ensuring that the necessary funds for local governance are not withheld and affirming the constitutional rights of residents in the affected councils.
