Court to Hear Osun Government’s Jurisdiction Challenge in Withheld LG Funds Case on September 29

By Joseph Iyaji | Akahi News

Justice Emeka Nwite of the Federal High Court, Abuja, has fixed September 29 for the hearing of a motion by the Osun State Government challenging the court’s jurisdiction in a case concerning withheld local government funds.

The state government, through its lead counsel, Musibau Adetunbi, SAN, argued that the case should no longer remain in Abuja since the court’s vacation period, which justified the temporary hearing there, ended on September 16. The state insisted that the matter ought to be transferred back to Osogbo for proper determination.

Grounds for Challenging Jurisdiction

The motion rests on two key points:

1. That the authorisation granted by the Attorney General of the Federation (AGF) for the matter to be heard during the vacation period in Abuja has expired with the end of the vacation.
2. That a letter allegedly mandating Justice Nwite to continue hearing the case in Abuja was signed by a “Personal Assistant to the Personal Assistant” of the Chief Judge — a person whom Adetunbi described as “a busy body unknown to law” and lacking authority to sign such a sensitive document.

The senior lawyer urged the court to first determine the validity of this letter before proceeding with the substantive matter.

Counter-Arguments from CBN, Accountant General

However, counsel to the Central Bank of Nigeria (CBN), Muritala Abdulrasheed, SAN, and the Accountant General of the Federation, Tajudeen Oladoja, SAN, opposed the Osun Government’s motion.

They alleged that the application was a deliberate attempt to delay the case, noting that the tenure of the affected APC-elected Chairmen and Councillors will expire on October 22. They argued that prolonging the matter could render it “academic” and meaningless.

Suit Seeks to Block LG Allocations

The suit, filed by the Osun State Attorney General, Oluwole Jimi-Bada, seeks an order restraining the CBN and Accountant General from opening or operating accounts for the local government chairmen elected in October 2022 on the APC platform, whom the state claims were removed by a subsisting judgment of the Federal High Court and affirmed by the Court of Appeal.

Another relief sought is to stop the disbursement of allocations to the sacked chairmen and councillors until the case is fully resolved.

Next Steps

After hearing arguments, Justice Nwite adjourned the matter to September 29 to first determine the jurisdictional issue before any substantive hearing.

Earlier, the AGF, who was initially listed as the third defendant, was struck out of the case after the Osun State Government discontinued proceedings against him, citing a pending related case before the Supreme Court.

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