Osun LG Funds: Court delists AGF from case, slates Sept 9 for hearing

By Ikechukwu Nnochiri

ABUJA– The Federal High Court sitting in Abuja, on Monday, struck out the name of the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, from a suit that Osun State Government filed to halt the release of its withheld local government allocations to Chairmen and Councillors elected on the platform of the All Progressives Congress, APC, but sacked by the court.

The court, in a ruling that was delivered by Justice Emeka Nwite, delisted the AGF from the case following a notice of discontinuance that was brought by the plaintiff.

The Osun state government had through its lawyer, Mr. Musibau Adetunbi, SAN, notified the court of its decision to remove the Justice Minister who was initially listed as the 3rd defendant, from the case.

It based the action on the fact that the AGF is already a party to an aspect of the case that is before the Supreme Court.

“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 Councilors.

“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 the AGF,” the plaintiff added.

Represented by Chief Akin Olujimi, SAN, the AGF, who did not oppose the removal of his name from the case, however, urged the court to expedite hearing of the suit.

“This is a very urgent matter that is time bound. We can reduce the scope of conflict in this matter. Based on that, I will accept the notice of discontinuance only on the basis that there will be urgent and speedy determination of the matter.

“I will not ask for cost against him in the interest of expeditious hearing of this matter,” counsel to the AGF added.

Meanwhile, Justice Nwite fixed September 29 to hear an objection the Osun state government filed to query the terrirtorial jurisdiction of the court in Abuja to hear the matter.

While challenging the transfer of the casefile from Osogbo to Abuja, the state noted that a Fiat (authorization) the Chief Judge issued for the case to heard during vacation, had elapsed.

The state further challenged the validity of a purported letter dated September 2, which mandated Justice Nwite to continue hearing the case as the substantive judge.

According to the plaintiff, the said letter was signed by a person that claimed to be the Personal Assistant to the Personal Assistant of the Chief Judge.

Adetunbi, SAN, insisted that the letter called the integrity of the court to question as it was not signed by a person that is legally empowered to do so.

However, counsel to the Central Bank of Nigeria, CBN, Dr. Muritala Abdulrasheed, SAN, and that of the Accountant General of the Federation, Alhaji Tajudeen Oladoja, SAN, who are defendants in the matter, prayed the court to refuse the objection and proceed with hearing of the case.

The defendants drew attention of the court to the fact that tenure of the embattled Chairmen and Councillors would expire by October 22.

“My lord should abide by his earlier ruling that set down the matter to hear all pending applications.

“From all Indications, it is obvious that the plaintiff is doing everything possible to frustrate this matter.

“The plaintiff is not desirous of expeditious determination of this case,” counsel to the CBN submitted.

He insisted that the case would become an academic exercise unless it is quickly determined by the court.

After he had listened to all the parties, Justice Nwite adjourned to hear the application challenging the court’s jurisdiction.

In the suit, Osun state had among other things, prayed the court for “an order of interim injunction, restraining the defendants from opening, operating, or maintaining local government accounts in favour of the Chairmen and Councillors who have been sacked or removed from office by a subsisting judgment of the Federal High Court.”

It also urged the court to restrain the CBN and the AGoF “from disbursing allocations to the sacked APC Chairmen and Councillors.”

The post Osun LG Funds: Court delists AGF from case, slates Sept 9 for hearing appeared first on Vanguard News.