Kano State High Court yesterday reserved ruling in a suit filed by the National Union of Local Government Employees, NULGE, against the Central Bank of Nigeria, CBN, and others from withholding Kano local government allocations.
The applicant’s are chairman of NULGE, Ibrahim Muhd, Ibrahim Uba Shehu, Ibrahim Shehu Abubakar, Usman Isa, Sarki Alhaji Kurawa and Malam Usman Imam.
The applicants, through their counsel, Mr Bashir Yusuf-Muhammad, filed a motion ex-parte dated November 1, asking the court to restrain the respondents from withholding or delaying allocations essential for local governance in the state.
The respondents are the Accountant-General of the Federation, Revenue Mobilisation Allocation and Fiscal Commission, RMAFC, 44 Kano local governments, UBA, Access and six other commercial banks.
When the case came up for hearing, Yusuf-Muhammad filed a reply to the notice of preliminary objection dated November 20.
“The application is attached with a four-paragraph affidavit and a written address dated November 3.
“We filed 11 paragraphs of better and further affidavit dated November 20 and one exhibit.”
Yusuf-Muhammad urged the court to discountenance the respondents counter affidavit and grant the applicants reliefs.
Counsel to the 44 local governments, Mr Eyitayo Fatogun (SAN) did not oppose the plaintiff’s application, but noted that the disbursement of allocations should not be truncated.
Responding, counsel to CBN, Mr Ganiyu Ajape filed a notice of preliminary objection dated November 14, pursuant to Order 8, Rules (1)(2) of the fundamental rights.
“We filed our reaction and a six-paragraph counter-affidavit dated and filed on November 14,” Ajape said.
He urged the court to strike out the name of the CBN from the suit for lacking jurisdiction to entertain the matter and not to grant the applicants relief.
Counsel to Guarantee Trust Bank (49th respondent), Mr Faruk Asekome filed their counter-affidavit dated November 18 on the applicant’s originating motion attached with a written address.
Asekome urged the court to strike out his client’s name with a substantial cost.
“My lord, there is no reasonable cause of action disclosed against GT Bank. We don’t have any say in the disbursement of local government allocations.”
Justice Ibrahim Musa-Muhammad, adjourned for ruling in the notice of preliminary objection and the substantive matter to a date that would be communicated to parties.
The court had on November 6 restrained the CBN, AGF and others from withholding allocations to Kano State 44 local governments. (NAN)
