Justice Emeka Nwite of the Federal High Court Abuja, has fixed September 29 for hearing of a motion by the Osun state Government, challenging the jurisdiction of the court to hear a suit against withheld local government funds.
At the resumed hearing, the state government insisted that since the vacation of the court came to an end on September 16, the case should be transferred back to Osogbo for appropriate hearing and determination of the suit.
Its motion challenging the jurisdiction of the Abuja Division of the Court was predicated on two grounds which includes that the authorisation 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 the lead counsel to the state government, Musibau Adetunbi, SAN, also challenged the validity of a purported letter from the office of the Chief Judge of the court mandating Justice Emeka Nwite to substantively determine the suit in Abuja.
The grouse of Adetumbi against the letter is that it was signed by a person who claimed to be Personal Assistant to the Personal Assistant of the Chief Judge.
Adetunbi contended that the Personal Assistant to the Personal Assistant of the Chief Judge is “a busy body” and a person unknown to law to sign such a sensitive document.
Insisting that the integrity of the letter is 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), Muritala Abdulrasheed, SAN, and that of the Accountant General of the Federation, Tajudeen Oladoja, SAN, challenged the application of the state government, 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 APC Chairmen and Councilors will come to an end on October 22 and as such, their case will become academic if not expeditiously heard.