The Federal High Court sitting in Abuja has fixed September 29 for hearing on a motion by the Osun State Government challenging the jurisdiction of the court to entertain a suit over withheld local government funds.
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At Monday’s proceedings, the state government, through its counsel, Musibau Adetumbi, SAN, argued that since the court’s vacation ended on September 16, the case should be transferred to Osogbo for appropriate hearing and determination.
Adetumbi hinged the objection on two grounds. First, that the fiat granted to the Attorney General of the Federation for the matter to be heard in Abuja during vacation had lapsed with the end of the vacation. Second, that the alleged letter from the office of the Chief Judge assigning Justice Emeka Nwite to hear the matter in Abuja was invalid.
The senior lawyer faulted the letter on the basis that it was signed by “a Personal Assistant to the Personal Assistant of the Chief Judge,” a person he described as a “busy body” unknown to law and lacking authority to sign such a sensitive document. He urged the court to determine the validity of the letter before proceeding with the substantive matter.
But counsel to 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 objection. They argued that the application was a ploy to delay the hearing of the case, stressing that the tenure of the elected All Progressives Congress (APC) chairmen and councillors in the state would end on October 22, which could render the matter academic if not promptly determined.
After listening to arguments, Justice Nwite adjourned the matter to September 29 to hear the jurisdictional challenge and any related applications before moving to the substantive suit.
Earlier in the proceedings, the judge struck out the name of the Attorney General of the Federation, who was listed as the third defendant, following the plaintiff’s decision to discontinue the case against him.
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