Court extends hearing on Kano N27billion LG, state joint accounts funding projects

The Federal High Court sitting in Abuja has extended the hearing on an exparte motion on Joint Account Funding, jointly filed by 44 local governments of Kano state against the State government and two others.
[ad]
In the suit moved December 27th, 2023, challenging the Kano State government, the Kano State Attorney-General and Commissioner for Justice and the Accountant General of Kano, the plaintiffs asked the court to grant an interim injunction restraining the defendants from further tampering or spending from the joint account belong to both LGs and state henceforth.

The LGs had instituted the matter following the N27 billion worth of contract of Tal’udu Cloverleaf overpass bridge and Dan’Agundi Interchange Bridge, being funded through the Local and State Government Joint Account.

In the exparte, the LGs asked for “An order of this Honourable Court restraining the Defendants/Respondents, whether by themselves, their officers, servants, agents, privies, cronies or representatives by whatever name known or called, from controlling, managing, further administering, disbursing and spending the funds and allocations belonging to the forty- four (44) Local Government Areas of Kano State in the Kano State Joint Local Account, pending the determination of the Plaintiffs Applicant”.
[ad]
Although Justice Donatus Okorowo refused to grant the application as prayed, the court had ordered the defendants to appear before him on Wednesday 3rd, 2024 to show cause why the interim restraining orders should not be granted. The judge also ordered that the processes be served on the defendants by substituted means.

At the resumed hearing yesterday, counsel to Kano state government, Afeez Matanmi, pledged for extension period to enable him study the brief and respond adequately.

Matanmi had told the court that he was only briefed by his client on Tuesday and has entered a memorandum of conditional appearance while serving it on the plaintiff’s counsel at the court.

He said there is no way he can show cause without seeing all the processes including the motion on notice as well as the orders adding that the rules of the court did not specify the number of days to show cause, noted that even if the court had done that, it is still at the discretion to extend time.
[ad]
On his part, Counsels to Kano Attorney General and Commissioner of Justice and and Accountant General of Kano state, Okechukwu Edeze also confirmed he was also served with the memo for conditional appearance Wednesday morning at the court.

Edeze aligned with the arguments of the Kano state government counsel and sought for a further adjournment in the interest of fair hearing saying he was briefed less than 24 hours ago.

In a counter argument, Counsel to the plaintiffs, Ibrahim Aliyu Nassarawa said pursuant to the order of court, the defendants were directed to show cause why the interim order should not be granted today.

Nasarawa submitted that in line with Order 26 rule 11 of the Federal High Court Rules, the defendants had three days to show cause after service but have not done so. He urged the court to restrain the Kano state government pending the determination of his case.
[ad]
Responding to argument of the counsels, Justice Okorowo held that records showed that the defendants were duly served with the processes on December 29, 2023 and the memorandum of conditional appearance by the respondents suggests they planned challenging the suit.

The presiding Judge however, observed that the three-day time frame outlined for the defendants to respond was affected by public holidays.

The Court therefore issued fresh seven days to Kano state government and two other defendants to show cause why the Plaintiffs applicant should not be granted.

The court adjourned further hearing to 11th January, 2024.
[ad unit=2]