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Mu'azu Dragged to Court Over Council Funds
From Segun Awofadeji in Bauchi

Bauchi State Governor, Dr Adamu Mu'azu, has been dragged before a Bauchi High Court over alleged attempt to deduct 30 per cent from the state joint local government account for the purpose of funding 40 area development councils, recently created by the state government.

In a motion on notice filed at the High Court of Justice, Bauchi State on June 14, the applicants, Attaib Mahmood and Sani Baban Takko, are praying for an interlocutory injunction restraining Governor Mu'azu from deducting the amount pending the determination of the substantive suit.

The governor is joined in the suit with the Attorney-General of Bauchi State, the Speaker of the state House of Assembly and the Clerk of the House.

According to Haruna Bala, in a three-page affidavit in support of the motion on notice, the governor had signed into Law the Local Government Administration (Amendment) Law, 2004 sometime this year, which enabled him to start the 30 per cent deduction from the month of May, for the purpose of funding the 40 newly created area development councils.

The plaintiffs are however asking whether within the context of Section 162 (5), (6) and (7) of the 1999 Constitution of the Federal Republic of Nigeria, the defendants are legally competent, and have the power to enact the local government administration (Amendment) Law, 2004 enacted by the 3rd and 4th defendants and signed by the first defendant "is not in conflict with the clear and unequivocal provision of S.162 (5), (6) and (7) of the Constitution."

The plaintiffs are therefore seeking reliefs that the defendants are not competent to enact or promulgate any law as amended; as well as an order compelling the 1st defendant to refund to the various local government councils, the 30 per cent of their statutory allocation from the Federation Account deducted pursuant to the provisions of the Local Government (Amendment) Law, 2004.

Hearing has been fixed for July 15.


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