Justice Emeka Nwite of the Federal High Court, Abuja, has fixed September 29 for the hearing of a motion filed by the Osun State Government challenging the court’s jurisdiction in the suit over withheld local government funds.
At Monday’s proceedings, the state government argued that the case should be returned to Osogbo for proper hearing, since the vacation period that warranted its transfer to Abuja had ended on September 16.
Lead counsel to the state, Musibau Adetunbi (SAN), maintained that the authorization granted the Attorney General of the Federation (AGF) for the matter to be heard in Abuja during vacation had lapsed, while also questioning the validity of a letter from the office of the Chief Judge assigning the case to Justice Nwite.
“The integrity of the letter is in doubt, as it was signed by someone claiming to be Personal Assistant to the Personal Assistant of the Chief Judge, which is not recognized under the law,” Adetunbi argued, urging the judge to first rule on the jurisdiction issue before proceeding to the substantive matter.
However, counsels to the Central Bank of Nigeria (CBN), Muritala Abdulrasheed (SAN), and the Accountant General of the Federation, Tajudeen Oladoja (SAN), opposed the application, insisting it was a tactic to stall the case.
They argued that the tenure of the elected APC chairmen and councillors in Osun would expire by October 22, warning that the suit could become academic if not determined quickly.
Justice Nwite, after hearing both sides, adjourned to September 29 to consider the Osun government’s application and other jurisdictional issues.
He also struck out the name of the AGF from the suit after the plaintiff discontinued the matter against him, noting that another case involving the AGF is already pending before the Supreme Court.
The suit, filed by Osun’s Attorney General, Oluwole Jimi-Bada, seeks to restrain the CBN and the Accountant General from disbursing allocations or opening accounts for the APC chairmen elected in October 2022, who the state government said had already been sacked by a Federal High Court judgment upheld by the Court of Appeal.
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