The Federal High Court sitting in Abuja has fixed September 29 for hearing on a motion by the Osun State Government challenging the jurisdiction of the court to hear a suit against withheld local government fund in Abuja Division of the court.
The state government insisted that since the vacation of the court came to an end on September 16, the case should be transferred to Osogbo for appropriate hearing and determination of the suit.
Osun State Government raised two grounds of objection, that the fiat granted the Attorney General of the Federation for the matter to be heard during vacation in Abuja had been overtaken on the ground that the vacation has come to an end.
The motion filed by its lead counsel, Musibau Adetumbi, SAN, also challenged the validity of an alleged letter from the office of the Chief Judge of the court, mandating Justice Emeka Nwite to substantively determine the suit in Abuja.
Adetumbi’s objection against the letter was that it was signed by a person who claimed to be Personal Assistant to the Personal Assistant of the Chief Judge.
The lawyer described the Personal Assistant to the Personal Assistant of the Chief Judge as a busy body who is unknown to law to sign such a sensitive document.
Insisting that the integrity of the letter was in doubt, the senior lawyer pleaded with Justice Nwite to first determine the validity of the letter before proceeding to the substantive matter.
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 were defendants in the suit challenged the application of the plaintiff, alleging that, it was a ploy to delay the expeditious hearing of the matter.
The two senior lawyers told the court that the tenure of the elected All Progressives Congress (APC) chairmen and councilors in the state will come to an end on October 22 and as such, their case will become academic if not expeditiously heard.
After taking arguments from the parties, Justice Nwite fixed September 29 to hear the application by the Osun State Government and any other that borders on the jurisdiction first before proceeding to any other one.
Earlier, the Judge had struck out the name of the AGF, who was the 3rd defendant in the suit following the discontinuance of the matter against him by the plaintiff.
