Federal Court grants Kano Govt 7 days to defend against local govt’ financial autonomy bid

In a dramatic turn of events, a Federal High Court in Abuja has issued a seven-day ultimatum to the Kano State government, compelling it to provide justifiable cause for resisting the ex-parte orders sought by the 44 local government areas (LGAs) within the state. The legal showdown, instigated by an application filed on December 27, 2023, has become a focal point for the Association of Local Government of Nigeria (ALGON), Kano State Chapter, and the 44 LGAs, as they aim to secure financial autonomy.

The ruling, delivered by Justice Donatus Okorowo, follows a previous decision on December 28, 2023, when the court refrained from granting an application that sought to bar Governor Abba Yusuf of Kano State from disbursing funds allocated to the 44 LGAs. Instead, Justice Okorowo ordered the defendants to appear before the court on January 3 to provide reasons why the restraining orders should not be granted. The judge also sanctioned the plaintiffs’ plea for an order of substituted service on the defendants.

The crux of the matter lies in the ex-parte motion, identified as FHC/ABJ/CS/1733/2023, jointly filed by the 44 LGAs and ALGON, Kano State Chapter. The suit targets the Kano State government, the Kano State Attorney-General, and the Commissioner for Justice, as well as the state’s Accountant-General as the 1st to 3rd defendants, respectively. The plaintiffs seek an order restraining the defendants from controlling, managing, administering, disbursing, and spending funds and allocations belonging to the 44 LGAs in the Kano State Joint Local Account, pending the resolution of the substantive suit.

As the court reconvened on Wednesday for the hearing, Ibrahim Nasarawa, counsel for the plaintiffs, apprised the court that the adjournment was for the defendants to present their case against the interim orders. Nasarawa argued that the defendants were duly served in compliance with the court order, yet failed to file their responses within the stipulated three days. He urged the court to grant the orders sought in the ex-parte motion, citing Order 26, Rule 11 of the Federal High Court.

However, Hafeez Matanmi, representing the 1st and 2nd defendants, contested Nasarawa’s claims. Matanmi, stating that he was only briefed the previous day, asserted that he had filed a memorandum of conditional appearance on the same day. He highlighted the fact that he was yet to receive all the plaintiffs’ processes, including the motion on notice and the orders, rendering it impossible to mount a defense. Matanmi also questioned the absence of a specified time frame in the rules cited by Nasarawa, advocating for an adjournment to allow for a proper response.

Okechukwu Edeze, the lawyer for the 3rd defendant, aligned himself with Matanmi’s arguments, emphasizing the need for an adjournment in the interest of fair hearing. Expressing his unfamiliarity with the case until less than 24 hours ago, Edeze requested time to review the court’s processes.

Nasarawa refuted their claims, asserting that due diligence had been observed in serving the defendants and urging the court to disregard their arguments.

In his ruling, Justice Okorowo acknowledged that records confirmed the defendants’ receipt of the processes on December 29, 2023. While agreeing with the defense counsel that the three-day timeframe was affected by public holidays, the judge also noted the memorandum of conditional appearance, suggesting a challenge to the suit. Justice Okorowo invoked the court’s discretion, as provided by Order 26, Rule 15, to extend the timeframe. Consequently, he granted the defendants seven days to present their case against the ex-parte orders, and the matter was adjourned until January 11 for further proceedings.

The legal battle between the Kano State government and its LGAs promises to be a watershed moment in the ongoing quest for local government autonomy, setting the stage for a nuanced exploration of constitutional and financial intricacies. As the clock ticks down to the next hearing, the eyes of legal experts, policymakers, and the public remain fixed on the unfolding drama in the hallowed halls of the Federal High Court.**Headline: “Legal Showdown: Federal Court Grants Kano Government 7 Days to Defend Against Local Governments’ Financial Autonomy Bid”**

**Subheading: “Justice Sets Stage for Unprecedented Legal Battle as 44 LGAs Seek to Wrest Control from Kano State Government”**

In a dramatic turn of events, a Federal High Court in Abuja has issued a seven-day ultimatum to the Kano State government, compelling it to provide justifiable cause for resisting the ex-parte orders sought by the 44 local government areas (LGAs) within the state. The legal showdown, instigated by an application filed on December 27, 2023, has become a focal point for the Association of Local Government of Nigeria (ALGON), Kano State Chapter, and the 44 LGAs, as they aim to secure financial autonomy.

The ruling, delivered by Justice Donatus Okorowo, follows a previous decision on December 28, 2023, when the court refrained from granting an application that sought to bar Governor Abba Yusuf of Kano State from disbursing funds allocated to the 44 LGAs. Instead, Justice Okorowo ordered the defendants to appear before the court on January 3 to provide reasons why the restraining orders should not be granted. The judge also sanctioned the plaintiffs’ plea for an order of substituted service on the defendants.

The crux of the matter lies in the ex-parte motion, identified as FHC/ABJ/CS/1733/2023, jointly filed by the 44 LGAs and ALGON, Kano State Chapter. The suit targets the Kano State government, the Kano State Attorney-General, and the Commissioner for Justice, as well as the state’s Accountant-General as the 1st to 3rd defendants, respectively. The plaintiffs seek an order restraining the defendants from controlling, managing, administering, disbursing, and spending funds and allocations belonging to the 44 LGAs in the Kano State Joint Local Account, pending the resolution of the substantive suit.

As the court reconvened on Wednesday for the hearing, Ibrahim Nasarawa, counsel for the plaintiffs, apprised the court that the adjournment was for the defendants to present their case against the interim orders. Nasarawa argued that the defendants were duly served in compliance with the court order, yet failed to file their responses within the stipulated three days. He urged the court to grant the orders sought in the ex-parte motion, citing Order 26, Rule 11 of the Federal High Court.

However, Hafeez Matanmi, representing the 1st and 2nd defendants, contested Nasarawa’s claims. Matanmi, stating that he was only briefed the previous day, asserted that he had filed a memorandum of conditional appearance on the same day. He highlighted the fact that he was yet to receive all the plaintiffs’ processes, including the motion on notice and the orders, rendering it impossible to mount a defense. Matanmi also questioned the absence of a specified time frame in the rules cited by Nasarawa, advocating for an adjournment to allow for a proper response.

Okechukwu Edeze, the lawyer for the 3rd defendant, aligned himself with Matanmi’s arguments, emphasizing the need for an adjournment in the interest of fair hearing. Expressing his unfamiliarity with the case until less than 24 hours ago, Edeze requested time to review the court’s processes.

Nasarawa refuted their claims, asserting that due diligence had been observed in serving the defendants and urging the court to disregard their arguments.

In his ruling, Justice Okorowo acknowledged that records confirmed the defendants’ receipt of the processes on December 29, 2023. While agreeing with the defense counsel that the three-day timeframe was affected by public holidays, the judge also noted the memorandum of conditional appearance, suggesting a challenge to the suit. Justice Okorowo invoked the court’s discretion, as provided by Order 26, Rule 15, to extend the timeframe. Consequently, he granted the defendants seven days to present their case against the ex-parte orders, and the matter was adjourned until January 11 for further proceedings.

The legal battle between the Kano State government and its LGAs promises to be a watershed moment in the ongoing quest for local government autonomy, setting the stage for a nuanced exploration of constitutional and financial intricacies. As the clock ticks down to the next hearing, the eyes of legal experts, policymakers, and the public remain fixed on the unfolding drama in the hallowed halls of the Federal High Court.