The Federal High Court sitting in Abuja has adjourned hearing on the ex parte motion on Joint Account Funding, jointly filed by the 44 local councils against the Kano State government and two others till January 11, 2024.
In the December 27, 2023, suit challenging the Kano State government, the Commissioner for Justice and Accountant General, the plaintiffs asked the court to grant an interim injunction restraining the defendants from further tampering or spending from the joint account belonging to both local councils and state henceforth.
The councils had instituted the matter following the N27 billion Tal’udu Cloverleaf overpass and Dan’Agundi Interchange Bridge contracts, being funded through the local and state joint account.
In the ex parte motion, the councils 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 44 local councils of Kano in the Kano State Joint Local Account, pending the determination of the plaintiffs application.”
Although Justice Donatus Okorowo refused to grant the application as prayed, the court had ordered the defendants to appear before him on Wednesday, January 3, 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 the state government, Afeez Matanmi, asked for extension to enable him to study the brief and respond adequately.
Matanmi had told the court that he was only briefed by his client on Tuesday, January 2, and has entered a memorandum of conditional appearance while serving it on the plaintiff’s counsel at the court.
He said there was no way he could show cause without seeing all the processes, including the motion on notice and the orders, adding that the rules of the court did not specify the number of days to show cause. He noted that even if the court had done that, it is still at the discretion to extend time.
On his part, counsel to Kano Attorney General and Accountant General, Okechukwu Edeze, also confirmed he was also served with the memo for conditional appearance on Wednesday morning at the court.
Edeze aligned with the arguments of the state government’s counsel and sought 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 Nassarawa, said pursuant to the order of court, the defendants were directed to show cause why the interim order should not be granted, yesterday.
Responding to argument of both counsels, 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 timeframe outlined for the defendants to respond was affected by public holidays. The court, therefore, issued fresh seven days to state government and two other defendants to show cause why the plaintiffs’ applicant should not be granted.