The National Industrial Court of Nigeria, sitting in Kano, has awarded N1 million in costs against the Kano State Government following its failure to proceed with a legal battle involving former members of the State Executive Council. Justice Mahmood Abba-Namtari, presiding over the matter on Tuesday, cited the respondents’ inability to “put their house in order” as the primary reason for the financial penalty, which was distributed as N200,000 to each of the five claimants.
The legal action was initiated by a group of high-ranking former officials who served under the administration of Governor Abba Kabir-Yusuf. The claimants include Dr. Yusuf Kofar-Mata, former Commissioner for Science, Technology and Innovation; retired AVM Ibrahim Umar, former Commissioner for Internal Security; and Nasir Sule Garo, former Commissioner for Special Duties. They are joined in the suit by Adamu Aliyu Kibiya, former Commissioner for Humanitarian Affairs and Poverty Alleviation, and Mustapha Rabi’u Musa Kwankwaso, former Commissioner for Youth.
The dispute centers on the state government’s attempt to retrieve official vehicles allocated to the commissioners during their tenure. The applicants, through their lead counsel, Mr. Suraj Sa’eda, SAN, filed motions ex-parte pursuant to the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017. They are seeking an interim injunction to restrain the Attorney General of Kano State, the Governor, and the Kano State Public Complaints and Anti-Corruption Commission from seizing the vehicles pending the determination of the substantive suit.
The political context of the litigation involves the recent resignation of these officials following the defection of Governor Abba Kabir-Yusuf to the All Progressives Congress (APC). Following their exit from the cabinet, the state government moved to recover government property, a move the former commissioners argue is premature and legally contestable based on the terms of their service and existing administrative protocols.
During Tuesday’s proceedings, the counsel to the Kano State Government, Mr. S. U. Jibril, informed the court that the defense was not prepared to proceed with the hearing. Jibril explained that he had only been briefed on the matter the previous afternoon, March 9, leaving insufficient time to prepare and file the necessary legal documents. While he requested an adjournment to a later date, he strongly opposed the imposition of costs, arguing that the government was still within the statutory timeframe allowed for filing responses.
However, the lead counsel for the former commissioners, Sa’eda, contended that the respondents had been duly served with court processes and had ample opportunity to prepare. He requested the court to award N1 million to each applicant as compensation for the delay. Justice Abba-Namtari, while granting the adjournment, opted to award a total of N1 million, split into N200,000 for each claimant, to be paid by the state government for the administrative delay caused by their lack of preparation.
This development follows a previous ruling on March 2, where the court declined an earlier application by the former commissioners to restrain the government from retrieving the vehicles. The court’s current stance emphasizes the requirement for strict adherence to judicial timelines, especially in matters involving public assets and high-profile administrative disputes.
The case highlights a growing trend in Nigerian state politics where the transition of power or party defections leads to protracted legal battles over severance benefits, official perks, and the ownership of government-issued equipment. The outcome of this case is expected to set a precedent regarding the rights of political appointees to retain certain perquisites of office versus the state’s right to immediate asset recovery upon the termination of an appointment.
Justice Abba-Namtari has adjourned the matter until April 28, 2026, for a full hearing. On that date, the court is expected to delve into the merits of the injunction sought by the former commissioners and determine the legal status of the official vehicles in question.
