Defence Counsel absense stalls trial on allocation to Kano LGs

Date:

The absence of the 9th Defense Counsel, Chief Adegboyega Awomolo, SAN on Tuesday stalled the hearing in a suit seeking to stop statutory allocations to the 44 Local Government Councils of Kano State.

The applicants in the suit are Abdullahi Abbas, Aminu Aliyu-Tiga, and the All Progressive Congress, through their counsel Sunday Olowomoran, filed a motion exparte dated October 28, and filed November 1, 2024.

However , the respondents in the suit are the Central Bank of Nigeria, the Federal Account Allocation Committee, Revenue Mobilization Allocation and Fiscal Commission, Accountant-General of the Federation, Minister of Finance, Auditor General of the Federation, and Attorney General of the Federation.

Others are the Secretary to the Government of the Federation, the Kano State Government, Attorney General Kano, Kano State Independent Electoral Commission and the 44 Kano local governments.

The applicants are seeking a declaration that the 12th to 55th respondents are not democratically elected and constituted pursuant to section 7(1) of the constitution of the Federal Republic of Nigeria 1999 as amended.

They are also asking the court to restrain the Federal Government, the CBN and the Accountant-General from disbursing statutory funds to Kano’s 44 local government councils.

When the case came up for hearing on Tuesday, Justice Simon Amobeda of the Federal High Court, Kano, informed the court that counsel to Kano State Government, Chief Adegboyega Awomolo, SAN sent a letter seeking an adjournment as he was absent.

“Awomolo sent a letter seeking an adjournment until after the Easter vacation.

“I do not think, in the interest of justice, the case should be adjourned. This case has faced several adjournments. It is a civil case, not a criminal one.

“Why the delay? This is the last adjournment I will grant in this case.”
He ordered that all processes be filed and served before the next adjourned date.

Amobeda adjourned the matter until April 14, for a definite hearing.

It could be recalled that a similar occurrence happened on January 21, 2025; on that day, the matter was also stalled due to counsel to KANSIEC, John Baiyeshea was indisposed, citing medical reasons and sent a letter seeking an adjournment.

Earlier, counsel to KANSIEC, John Baiyeshea, SAN, urged the court to adjourn the matter in the interest of justice since Awomolo was absent.
Counsel to the applicant, Abdul Adamu Fagge, SAN, also urged the court to adjourn the matter in the interest of justice.

Also, B. D. Uche, counsel to the first respondent; A. Khaleel, counsel to the third respondent; and Usman Umar Fari, counsel to the Kano State Attorney-General, announced their appearances.

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