LG Funds: Osun applies to withdraw suit against CBN, AGoF

… arsenic tribunal fixes Oct 29 to rule

By Ikechukwu Nnochiri

ABUJA– Osun State, connected Friday, applied to retreat the suit it filed against the Central Bank of Nigeria, CBN, and the Accountant General of the Federation, AGoF, implicit alleged crippled to wage its withheld section authorities allocations, into accounts of Chairmen and Councillors elected connected the level of the All Progressives Congress, APC, but sacked by the court.

At the resumed proceeding connected the matter, the state, done its Attorney General, maintained that the suit it lodged earlier the Federal High Court successful Abuja, had been overtaken by events.

The Osun authorities AG, who was represented by Mr. Musibau Adetumbi, SAN, told the tribunal that the purpose of the suit, which was to safeguard the withheld funds, had been defeated.

According to him, the said funds person since been moved retired of the CBN by the defendants.

He said: “On September 29, erstwhile the substance was heard, I told the tribunal that our superior purpose was to safeguard the money. Between past and now, we are definite that notwithstanding the pendency of the lawsuit and bid of presumption quo, the wealth was moved retired of the CBN.”

Adetumbi, SAN, told the tribunal that the announcement to retreat the suit was filed pursuant to Order 51 Rule 2 of the Federal High Court Rules, stressing that further arguments connected the substance would magnitude to an world exercise.

Contrary to contention by the defendants, the Osun authorities authorities insisted that tenure of the APC sacked LG Chairmen and Councillors elapsed connected October 16.

Elven though neither the CBN nor the AGoF opposed the withdrawal application, however, they faulted immoderate averments successful the affidavit of facts that was filed to enactment it.

Counsel to the CBN, Dr. Muritala Abdulrasheed, SAN, decried that the plaintiff made damaging depositions successful the affidavit that were not true.

“Somebody tin attack the tribunal immoderate time with a petition for a Certified True Copy (CTC) of the process and whitethorn determine to usage it against the persons mentioned successful the plaintiff’s affidavit of facts,” helium lamented.

He argued that grounds upon which the announcement of discontinuance was predicated were successful atrocious faith.

For instance, helium told the tribunal that the plaintiff was incorrect erstwhile it claimed that the 1st suspect had nary competent effect to the suit, thing that a 12-paragraph counter-affidavit was filed since May to situation the competence of the action.

“While we are not opposing the withdrawal of the suit, we are against the grounds for the withdrawal,” Muritala, SAN, submitted.

He urged the tribunal to expunge paragraphs 5 to 11 of the affidavit of facts for being inaccurate and for referring to persons that were not portion of the suit.

On his part, counsel to the AGoF, Mr. Tajudeen Oladoja, SAN, argued that though the plaintiff was astatine liberty to retreat the suit, “however, we are successful vehement absorption to the 2nd crushed upon which the exertion is predicated,” helium stated.

He explained that his lawsuit had connected September 8, filed an exertion for hold of clip to record a counter-affidavit to reason the suit.

He further noted that the said exertion could not beryllium determined owing to a question the plaintiff filed to impeach the tribunal of bias.

Oladoja, SAN, asked the tribunal to discontinuance crushed 2 of the announcement of discontinuance which helium said alleged that definite wealth had been released.

Besides, helium applied for the tribunal to grant a outgo of N10 cardinal against the plaintiff for bringing the 2nd suspect to court; for processes already filed successful the matter; and for wasting the precious judicial clip of the court.

In his response, counsel to Osun state, Adetumbi, SAN, argued that by rules of the court, nary of the defendants was entitled to beryllium awarded a cost.

After helium had listened to the parties, Justice Emeka Nwite adjourned the substance till October 29 for ruling.

It volition beryllium recalled that the Supreme Court had earlier reserved its judgement connected ineligible issues surrounding the withheld Osun authorities LG funds.

The station LG Funds: Osun applies to retreat suit against CBN, AGoF appeared archetypal connected Vanguard News.