The Federal High Court in Abuja has fixed September 29 to hear a motion by the Osun State Government contesting the court’s jurisdiction in a suit over the disbursement of local government funds.
At Monday’s proceedings, Osun’s lead counsel, Musibau Adetumbi (SAN), argued that the case ought to be returned to Osogbo following the end of the court vacation on September 16.
He maintained that the fiat issued by the Attorney General of the Federation (AGF) for the matter to be heard during the vacation in Abuja had been overtaken by events.
Adetumbi also challenged the validity of a letter assigning Justice Emeka Nwite to preside over the case in Abuja.
He told the court: “The letter was signed by a so-called Personal Assistant to the Personal Assistant of the Chief Judge. This is a busybody unknown to law, lacking the authority to sign such a sensitive document. My lord, I urge you to determine the validity of this letter before delving into the substantive matter.”
Counsel for the Central Bank of Nigeria, Dr. Muritala Abdulrasheed (SAN), and for the Accountant General of the Federation, Alhaji Tajudeen Oladoja (SAN), opposed the application, alleging that it was intended to delay proceedings.
They argued that the tenure of the All Progressives Congress, local government chairmen and councillors at the centre of the dispute would expire on October 22, warning that, if delayed, the case could become “academic.”
After listening to the parties, Justice Nwite adjourned till September 29 to rule on Osun’s jurisdictional challenge and other preliminary objections before addressing the substantive issues.
Earlier, the court struck out the name of the AGF from the list of defendants after the plaintiff discontinued the case against him due to a related suit pending before the Supreme Court.
The substantive case, filed by Osun’s Attorney General, Oluwole Jimi-Bada, seeks to restrain the CBN and the Accountant General from opening or maintaining accounts for APC chairmen elected in October 2022.
The state government argues that the officials were removed by a judgment of the Federal High Court, which was subsequently upheld by the Court of Appeal.
Osun is also asking the court for an interim injunction to prevent the release of allocations to the sacked council officials.
