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

By Ikechukwu Nnochiri

ABUJA– The Federal High Court sitting successful Abuja, connected Monday, struck retired the sanction 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 merchandise of its withheld section authorities allocations to Chairmen and Councillors elected connected the level of the All Progressives Congress, APC, but sacked by the court.

The court, successful a ruling that was delivered by Justice Emeka Nwite, delisted the AGF from the lawsuit pursuing a announcement of discontinuance that was brought by the plaintiff.

The Osun authorities authorities had done its lawyer, Mr. Musibau Adetunbi, SAN, notified the tribunal of its determination to region the Justice Minister who was initially listed arsenic the 3rd defendant, from the case.

It based the enactment connected the information that the AGF is already a enactment to an facet of the lawsuit that is earlier the Supreme Court.

“Sequel to the affidavit of urgency filed by the AGF connected August 13, it became evident that helium is consenting and astatine the verge of paying the allocation of the Constituent Local Government Councils of the plaintiff’s authorities to the amerciable and sacked APC Chairmen and Councilors.

“Consequent connected the above, the plaintiff is desirous of initiating and prosecuting a caller suit against the 3rd suspect (AGF) astatine the Supreme Court of Nigeria.

“That, immoderate of the facts, questions and issues to beryllium tabled astatine the apex tribunal against the AGF would beryllium identical to the facts, questions and issues earlier the proceedings tribunal successful the instant suit and hence, the request to discontinue the suit against the AGF,” the plaintiff added.

Represented by Chief Akin Olujimi, SAN, the AGF, who did not reason the removal of his sanction from the case, however, urged the tribunal to expedite proceeding of the suit.

“This is simply a precise urgent substance that is clip bound. We tin trim the scope of struggle successful this matter. Based connected that, I volition judge the announcement of discontinuance lone connected the ground that determination volition beryllium urgent and speedy determination of the matter.

“I volition not inquire for outgo against him successful the involvement of expeditious proceeding of this matter,” counsel to the AGF added.

Meanwhile, Justice Nwite fixed September 29 to perceive an objection the Osun authorities authorities filed to query the terrirtorial jurisdiction of the tribunal successful Abuja to perceive the matter.

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

The authorities further challenged the validity of a purported missive dated September 2, which mandated Justice Nwite to proceed proceeding the lawsuit arsenic the substantive judge.

According to the plaintiff, the said missive was signed by a idiosyncratic that claimed to beryllium the Personal Assistant to the Personal Assistant of the Chief Judge.

Adetunbi, SAN, insisted that the missive called the integrity of the tribunal to question arsenic it was not signed by a idiosyncratic that is legally empowered to bash 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 successful the matter, prayed the tribunal to garbage the objection and proceed with proceeding of the case.

The defendants drew attraction of the tribunal to the information that tenure of the embattled Chairmen and Councillors would expire by October 22.

“My lord should abide by his earlier ruling that acceptable down the substance to perceive each pending applications.

“From each Indications, it is evident that the plaintiff is doing everything imaginable to frustrate this matter.

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

He insisted that the lawsuit would go an world workout unless it is rapidly determined by the court.

After helium had listened to each the parties, Justice Nwite adjourned to perceive the exertion challenging the court’s jurisdiction.

In the suit, Osun authorities had among different things, prayed the tribunal for “an bid of interim injunction, restraining the defendants from opening, operati...