An Abuja Federal High Court has scheduled a hearing for September 22 for all applications filed by the Osun State Government against the Central Bank of Nigeria (CBN) and the Accountant-General of the Federation.
The state government is alleging a plan to disburse its local government allocations into private accounts.
The case, which has caused controversy in Osun State, focuses on who controls the local government funds following the removal of chairmen who were elected under the All Progressives Congress (APC) in October 2022.
The Osun State Government, led by the People’s Democratic Party (PDP), maintains that these chairmen were removed based on a Federal High Court judgment that was later upheld by the Court of Appeal.
During Monday’s proceedings, Justice Emeka Nwite, a vacation judge, postponed the case after listening to arguments from all parties.
The case also challenges the transfer of the lawsuit from the Osogbo division of the court to the Abuja division.
The plaintiffs, represented by Mr. Musibau Adetunbi (SAN), acting for the state’s Attorney-General, Oluwole Jimi-Bada, argued that the Abuja division does not have the jurisdiction to hear the case.
In their motion, the plaintiffs seek to invalidate the fiat allegedly given by the Chief Judge of the Federal High Court, Justice John Tsoho, in a letter dated August 21 and signed by his personal assistant, Joshua Ibrahim.
The plaintiffs also want the court to set aside the Chief Judge’s directive for a vacation judge to hear the case and to decline jurisdiction during its annual vacation, returning the case file to the Osogbo judicial division of the Federal High Court.
The suit is further seeking to restrain the CBN from opening accounts for the chairmen elected on the platform of the APC in 2022, whom the state government affirmed have been sacked by the same Federal High Court.
Adetunbi also disclosed that Osun State had filed a notice of discontinuance against the Attorney-General of the Federation, who was initially joined as the third defendant, noting that a fresh suit had been filed at the Supreme Court to challenge the AGF’s alleged role in the dispute.
Persecondnews reports that the CBN and the Accountant General of the Federation are listed as the first and second defendants.
According to the state, the AGF had filed an affidavit of urgency suggesting that local government allocations would be paid to the APC chairmen, whom the court had declared removed.
The plaintiff contends that this undermines existing judgments and necessitates recourse to the Supreme Court for constitutional clarification.
The motion states: “Sequel to the affidavit of urgency filed by the AGF on August 13, it became obvious that he is willing and at the verge of paying the allocation of the Constituent Local Government Councils of the plaintiff’s state to the illegal and sacked APC Chairmen and Councillors.
“Consequent on the above, the plaintiff is desirous of initiating and prosecuting a fresh suit against the 3rd defendant (AGF) at the Supreme Court of Nigeria.
“That some of the facts, questions, and issues to be tabled at the apex court against the AGF would be identical to the facts, questions, and issues before the trial court in the instant suit, and hence, the need to discontinue the suit against him.”
Counsel to the CBN, Dr. Muritala Abdulrasheed, and counsel to the Accountant-General, Mr. Tajudeen Oladoja (SAN), however, opposed the applications, urging the court to proceed with the case during the vacation period to avoid rendering it academic.
Counsel to the AGF, Chief Akin Olujimi (SAN) further argued that the plaintiff’s notice of discontinuance had not been properly served.
After hearing all sides, Justice Nwite adjourned the case to September 22, for the hearing of all pending applications.
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