Federal High Court sitting in Kano Presided over by Justice Sa’adatu Ibrahim Mark has adjourned its sitting to 19th April, 2021 for hearing, in a civil case between Executive Director, Centre for Awareness on Justice and Accountability (CAJA) Kabiru Sa’idu Dakata and Kano State Government over the alleged wrong procedural processes by the defendant to obtain external loan of N300 billion to build Light Rail in the State.
Other Defendants in the suit are: Senate President, Kano State House Assembly, Central Bank of Nigeria (CBN) Ministry of Finance, Debt Management Office, China Exim Bank and China Embassy.
When the case came up today for hearing there was legal argument between Counsel to the plaintiff, Barrister Bashir Yusuf Tudun Wuzirchi, Kano State Government and that of respondent who is seeking to join the suit as an interested party.
In his argument, Barrister Duru said the court lacks Jurisdiction to hear the case, prayed the court to consider his preliminary objection.
” My Lord it is position of the Law that when ever the issue of Jurisdiction is raised in a suit, it has to be addressed first, before any other issue.”
In his response, counsel to the Plaintiffs, Bashir Yusuf argued that the position of the law now if there is application of joinder or extension of time, the court shall take all the pending applications by parties first, before that of Jurisdiction.
” The current position of the law has been shifted now. where there is application that keep up the court, like motion for the extension of the time, motion for joinder, memorandum of appearance or motion to bring the party, all motions can be heard and determine before hearing of Preliminary Objection.”
During the plenary, counsel to the Senate President, Professor Mamman Lawal Yusufari SAN, prayed for the extension of time to allow him respond to the various applications.
” We are out of time within which to reply to various applications served on my client Senate President.”
Counsel to the Kano State Government 1st Respondent, Barrister MN Duru is Challenging Jurisdiction of the court, arguing that the Plaintiffs lack locus standi.
Kabiru Dakata through his Counsel is alledging that the request for the approval was brought to the House of Assembly as message from Governor of Kano State and argued that no any deliberations was made as required by law.