The Federal High Court in Abuja has scheduled September 29 to hear a motion filed by the Osun State Government, challenging the court’s jurisdiction in a case concerning withheld local government funds.
At Monday’s sitting, counsel to the state, Musibau Adetumbi, SAN, argued that the case should be transferred back to the Osogbo Division since the Federal High Court’s vacation period ended on September 16.
Adetumbi premised the application on two points: first, that the fiat granted by the Attorney-General of the Federation, AGF, permitting the matter to be heard in Abuja during the vacation had lapsed; and second, that the letter assigning Justice Emeka Nwite to handle the case was irregular, as it was purportedly signed by an individual identified only as “Personal Assistant to the Personal Assistant of the Chief Judge.”
He maintained that the court must resolve the validity of the letter before hearing the substantive suit.
In opposition, counsel for the Central Bank of Nigeria, CBN, Dr Muritala Abdulrasheed, SAN, and for the Accountant-General of the Federation, Tajudeen Oladoja, SAN, described the application as a delay tactic.
They argued that with the tenure of the All Progressives Congress, APC, local government chairmen and councillors set to expire on October 22, any further delay could render the matter academic.
After considering submissions, Justice Nwite adjourned to September 29 to hear the state’s jurisdictional objection alongside other preliminary issues before proceeding to the substantive claims.