Court To Hear Osun Govt’s Motion On Withheld LG Funds

The Federal High Court in Abuja has fixed September 29 to hear a motion filed by the Osun State Government challenging the court’s jurisdiction in a suit over withheld local government funds.

At the resumed sitting on Monday, Osun State, through its lead counsel, Musibau Adetumbi, a Senior Advocate of Nigeria, argued that the case should be transferred back to the Osogbo Division, as the court’s vacation, which had justified its hearing in Abuja, ended on September 16.

Adetumbi contended that the fiat granted by the Attorney-General of the Federation (AGF) permitting the matter to be heard in Abuja had lapsed.

He also questioned the validity of a letter assigning Justice Emeka Nwite to preside over the suit, noting that it was signed by an individual described only as “Personal Assistant to the Personal Assistant of the Chief Judge.”

The state urged the court to resolve the issue of the letter’s authenticity before moving to the substantive case.

However, counsel representing the Central Bank of Nigeria (CBN), Dr. Muritala Abdulrasheed, and the Accountant-General of the Federation, Tajudeen Oladoja, opposed the motion.

They argued it was a deliberate attempt to stall the proceedings, stressing that the tenure of the affected All Progressives Congress local government chairmen and councillors would end on October 22, which could render the case academic if delayed further.

Justice Nwite, after hearing the submissions, adjourned the matter to September 29 for arguments on the objection on jurisdiction and other preliminary issues.

Earlier in the proceedings, the court struck out the name of the AGF from the suit, following a notice of discontinuance by the plaintiff, who explained that another case involving the AGF was already pending at the Supreme Court.

The suit, filed by Osun Attorney-General Oluwole Jimi-Bada, seeks to restrain the CBN and the Accountant-General from releasing allocations to APC local government chairmen elected in October 2022.

Their election had been nullified by the Federal High Court, and the decision upheld by the Court of Appeal.

The state insists that the chairmen and councillors have been lawfully removed from office and are not entitled to local government funds.