Justice Emeka Nwite of the Federal High Court in Abuja has scheduled a hearing for September 29 to address a motion filed by the Osun State Government.
The state is challenging the court’s authority to hear a case concerning its withheld local government funds.
During the court session, the state government argued that since the court’s vacation ended on September 16, the case should be transferred back to the Osogbo Division of the Federal High Court for proper hearing.
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The motion, submitted by the state’s lead counsel, Musibau Adetunbi, argued that the initial authorization for the case to be heard in Abuja during the court’s recess was no longer valid.
Adetunbi also raised concerns about the validity of a letter allegedly from the Chief Judge’s office, which mandated Justice Nwite to hear the case in Abuja.
The lawyer pointed out that the letter was signed by a “Personal Assistant to the Personal Assistant of the Chief Judge,” a person he described as a “busy body” with no legal authority to sign such a document.
Adetunbi urged the court to first verify the letter’s authenticity before proceeding.
However, lawyers representing the Central Bank of Nigeria (CBN), Muritala Abdulrasheed and the Accountant General of the Federation, Tajudeen Oladoja, accused the Osun State Government of using the motion to delay the case.
They emphasised that the terms of the elected APC chairmen and councilors are set to expire on October 22, and any delay could render the case academic.
Justice Nwite accepted the arguments from all parties and decided to first address the state government’s motion on jurisdiction before moving on to the substantive matter.
The court also struck out the Attorney General of the Federation, Lateef Fagbemi from the suit after the plaintiff requested a discontinuation of the case against him, citing another pending matter at the Supreme Court.
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The lawsuit, filed by Osun’s Attorney General Oluwole Jimi-Bada, seeks to prevent the CBN and the Accountant General from opening accounts or disbursing funds to the local government chairmen and councilors elected under the APC in 2022.
The state government asserts that these officials have already been removed from office by a subsisting court judgment.
