The Federal High Court in Abuja has scheduled September 29 for the hearing of Osun State Government’s motion challenging the court’s jurisdiction over a suit concerning withheld local government funds.
The matter was called for hearing on Monday, with Osun’s lead counsel, Musibau Adetumbi, SAN, arguing that the case should be returned to Osogbo for proper determination following the end of the court vacation on September 16.
Adetumbi based the motion on two grounds. First, he contended that the Attorney General of the Federation’s fiat permitting the case to be heard in Abuja during the court vacation had been overtaken by events. Second, he questioned the validity of a letter allegedly from the Chief Judge’s office assigning Justice Emeka Nwite to hear the case in Abuja.
According to Adetumbi, the letter was signed by a “Personal Assistant to the Personal Assistant of the Chief Judge,” whom he described as a “busybody unknown to law” without the authority to issue such a directive.
He urged Justice Nwite to first determine the authenticity of the letter before considering the substantive issues of the case. “I pray your lordship to determine the validity of the letter before considering the substantive matter,” Adetumbi said.
Counsel for the Central Bank of Nigeria, Dr. Muritala Abdulrasheed, SAN, and counsel for the Accountant General of the Federation, Alhaji Tajudeen Oladoja, SAN, both defendants, opposed Osun State’s application.
The court will hear arguments on the jurisdictional motion before proceeding to the main suit regarding the release of local government funds.