Justice Emeka Nwite of the Federal High Court, Abuja, has scheduled September 29 to hear a motion by the Osun State Government challenging the court’s jurisdiction over a suit on withheld local government funds.
At the resumed session, the state government argued that the court’s vacation ended on September 16, and therefore the case should return to Osogbo for proper hearing and determination.
The motion, filed by lead counsel Musibau Adetunbi, SAN, rested on two grounds. First, the authorisation granted to the Attorney General of the Federation (AGF) for the matter to be heard in Abuja during the vacation had lapsed. Second, the state challenged the validity of a letter from the Chief Judge’s office directing Justice Nwite to determine the case in Abuja.
Adetunbi questioned the integrity of the letter, noting that it was signed by someone described as “Personal Assistant to the Personal Assistant” of the Chief Judge, a person unknown to law. He urged the judge to rule on the letter’s validity before addressing the substantive matter.
Counsel to the Central Bank of Nigeria (CBN), Muritala Abdulrasheed, SAN, and to the Accountant General of the Federation, Tajudeen Oladoja, SAN, opposed Osun’s application. They alleged the motion was a tactic to delay proceedings, warning that the tenure of APC chairmen and councillors ends on 22 October, after which the case could become academic.
After hearing arguments, Justice Nwite fixed 29 September to first address Osun State’s application on jurisdiction before any other issues.
Earlier, the judge struck out the AGF’s name as the third defendant, following the plaintiff’s withdrawal of claims against him due to a related case pending before the Supreme Court.
The suit, filed by Osun Attorney General Oluwole Jimi-Bada, seeks to restrain the CBN and AGF from opening or maintaining accounts for APC chairmen elected in October 2022, whom the courts have already sacked. It also asks the court to stop the CBN and Accountant General from disbursing allocations to the dismissed officials.