High Court in Kano State has issued a perpetual injunction, preventing the Central Bank of Nigeria (CBN) from withholding funds meant for the 44 local governments in the state.
The order was in response to a motion filed by the Chairman of the Nigerian Union of Local Government Employees (NULGE), Ibrahim Muhd, and others, who sought to stop the CBN and other respondents from delaying or withholding essential allocations for local governments.
Delivering the judgment, yesterday, Justice Ibrahim Musa-Muhammad held that the applicants had established their case beyond reasonable doubt.
“I resolve in the affirmative that all the reliefs sought by the applicants are granted. By the decision of the Supreme Court of Nigeria in suit No SC/CV/343/2024 Attorney General of Abia State and 35 others.
“The Kano State Local Government Council Electoral Laws 2022, the AGF, CBN, and RMAFC are under a duty to disburse monthly allocations to the 44 LGAs as democratically elected Local Government Councils
“A Declaration that withholding these allocations would amount to a breach of the fundamental rights of the residents, inhabitants in the 44 Local government Councils, as guaranteed under Sections 33, 42 and 43,44, 45 and 46 of the 1999 Constitution of the Federal Republic Of Nigeria (As Amended).
“Articles 13,19,22 and 24 of the African Charter on Human and Peoples Rights for the AGF, CBN and RMAFC to exclude the 44 LG in the distribution from funds accruing from the Federation Account in line with Section 162(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended),” he submitted.
The court’s ruling emphasised that the CBN, Accountant-General of the Federation (AGF), and Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) must disburse monthly allocations to the 44 Local Government Areas as democratically elected councils.
