The Federal High Court in Abuja has fixed September 29 to hear a motion filed by the Osun State Government challenging the jurisdiction of the Abuja Division to entertain a suit over withheld Local Government funds.
Appearing before Justice Emeka Nwite on Monday, Osun’s lead counsel, Musibau Adetumbi (SAN), argued that the case ought to be returned to the Osogbo Division following the end of the court’s vacation on September 16. He maintained that the fiat granted by the Attorney General of the Federation (AGF) permitting the case to be heard in Abuja during the vacation had lapsed.
Adetumbi further contested the validity of a purported letter from the office of the Chief Judge assigning Justice Nwite to continue hearing the suit. He claimed the letter was signed by an individual described as the “Personal Assistant to the Personal Assistant” of the Chief Judge, a designation he described as unknown to law and lacking authority to issue such a directive.
“The integrity of the letter is doubtful, and the court must first determine its validity before proceeding with the substantive matter,” Adetumbi insisted.
However, counsel for the Central Bank of Nigeria (CBN), Dr. Muritala Abdulrasheed (SAN), and that of the Accountant General of the Federation, Alhaji Tajudeen Oladoja (SAN), opposed the application. They argued it was a deliberate attempt to stall proceedings, warning that the tenure of the disputed APC-elected local government chairmen and councillors would expire on October 22, rendering the case academic if delayed.
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After hearing arguments, Justice Nwite adjourned to September 29 to rule on jurisdictional issues before considering the substantive suit. He also struck out the AGF from the case after the plaintiff discontinued against him, citing a related matter already pending before the Supreme Court.
The suit, filed by the Osun State Attorney General, Oluwole Jimi-Bada, seeks to restrain the CBN and Accountant General from opening or maintaining accounts for the APC-elected council chairmen of 2022, whose election was declared invalid by a subsisting Federal High Court judgment upheld by the Court of Appeal. The state also wants an order stopping disbursement of allocations to the sacked officials.
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