Justice Emeka Nwite of the Federal High Court, Abuja, has fixed September 29 for hearing a motion filed by the Osun State Government challenging the court’s jurisdiction to entertain a suit over withheld local government funds.
At the resumed sitting, counsel to the state government argued that since the court’s vacation ended on September 16, the matter ought to be returned to the Osogbo Division for proper hearing.
Osun’s Objection
Lead counsel Musibau Adetunbi, SAN, anchored the objection on two grounds:
The authorization granted to the Attorney General of the Federation (AGF) for the Abuja Division to hear the case during vacation lapsed once the vacation ended.
The validity of a letter purportedly from the Office of the Chief Judge, mandating Justice Nwite to continue handling the case in Abuja.
Adetunbi disputed the letter’s authenticity, noting it was signed by “a Personal Assistant to the Personal Assistant of the Chief Judge”—a person he described as a “busybody unknown to law” to issue such a sensitive directive.
He urged the court to first rule on the letter’s validity before delving into the substantive matter.
CBN, Accountant General Oppose
However, counsel to the Central Bank of Nigeria (CBN), Muritala Abdulrasheed, SAN, and that of the Accountant General of the Federation, Tajudeen Oladoja, SAN, opposed the application.
They argued that Osun’s motion was a tactic to delay proceedings, warning that the case could become academic since the tenure of the elected APC local government chairmen and councillors expires on October 22.
Court’s Ruling
After hearing arguments, Justice Nwite ruled that the court would first address Osun State’s jurisdictional challenge and related preliminary issues on September 29 before considering any substantive applications.
Earlier in the proceedings, the judge struck out the name of the Attorney General of the Federation, who had been listed as the third defendant, after the Osun government withdrew its claims against him, citing a pending related case before the Supreme Court.
The Suit
The case, filed by Osun Attorney General, Oluwole Jimi-Bada, seeks to restrain the CBN and the Accountant General of the Federation from opening or operating accounts in favour of APC local government chairmen elected in October 2022.
The state maintains that those officials were sacked by a subsisting judgment of the Federal High Court, later affirmed by the Court of Appeal.
The government is specifically asking for: An interim injunction preventing the CBN and AGF from opening, operating, or maintaining LG accounts in the name of the sacked officials.
An order restraining the CBN and Accountant General from disbursing federal allocations to the affected chairmen and councillors.
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