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 concerning withheld local government funds.
The state government is objecting to the matter being heard in Abuja, insisting that the case should be transferred back to the Federal High Court in Osogbo now that the court’s vacation period ended on September 16.
The objection, filed by senior lawyer Musibau Adetumbi, SAN, rests on two main grounds:
• The fiat granted to the Attorney General of the Federation (AGF) allowing the case to be heard in Abuja during the vacation period is no longer valid since the vacation has ended.
• A letter purportedly from the Chief Judge’s office assigning the matter to Justice Emeka Nwite in Abuja is being challenged on the basis of its authenticity.
Adetumbi questioned the legitimacy of the letter, noting it was signed by someone described as the “Personal Assistant to the Personal Assistant” of the Chief Judge—whom he described as a “busybody” with no legal standing to sign such an official document. He urged the court to determine the validity of the letter before hearing the substantive suit.
However, opposing counsel—including Dr. Muritala Abdulrasheed, SAN (representing the Central Bank of Nigeria) and Alhaji Tajudeen Oladoja, SAN (counsel for the Accountant General of the Federation)—argued that Osun’s motion is a deliberate tactic to delay the case. They pointed out that the tenure of the APC-elected local government chairmen and councillors will expire on October 22, warning that the case could become academic if not heard promptly.
After hearing arguments, Justice Nwite ruled that the court will first address the jurisdictional issues raised by the Osun State Government on September 29 before proceeding to the substantive claims.
Earlier in the proceedings, the judge struck out the name of the Attorney General of the Federation from the list of defendants, following a formal withdrawal of the case against him by the plaintiff. The court was informed that a related matter involving the AGF is currently pending before the Supreme Court.
Background of the Suit
The case was filed by the Osun State Attorney General, Oluwole Jimi-Bada, on behalf of the state government. It seeks to restrain the Central Bank of Nigeria (CBN) from opening or operating local government accounts for chairmen and councillors elected in October 2022 under the All Progressives Congress (APC).
The state contends that those officials were sacked by a judgment of the Federal High Court, which was later upheld by the Court of Appeal, and therefore should no longer have access to public funds.
Key reliefs sought by the Osun government include:
• An interim injunction stopping the CBN and Accountant General from disbursing allocations to the sacked APC chairmen and councillors.
• A prohibition against operating or maintaining accounts in their names.
The October 2022 local government elections in question were conducted with only APC candidates participating.
