A federal high court in Abuja has dismissed an objection filed by the Central Bank of Nigeria (CBN) and the accountant-general of the federation (AGF) seeking to stop a suit challenging the withholding of Osun state’s LGA funds.
The suit, instituted by the attorney-general of Osun, challenges the release of allocations to sacked LGA officials elected during the administration of Adegboyega Oyetola, the former governor.
Delivering a ruling on Thursday, Emeka Nwite, presiding judge, held that the Osun attorney-general had the legal standing to institute the case on behalf of the state’s local government councils.
He rejected the argument by the defendants that the Osun AG lacked locus standi, ruling that as the state’s chief law officer, he has both the duty and authority to protect public interest, including local government funds.
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The judge also dismissed the argument that the case amounted to an abuse of court process, noting that there was no evidence the Osun government had “misused or perverted the expression of justice”.
He further held that the ongoing case does not constitute an abuse of judicial process, even though similar proceedings may be ongoing elsewhere.
On the motion challenging the transfer of the case from the Osogbo division to Abuja, Nwite ruled that the chief judge of the federal high court acted within his powers.
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Citing section 21(1) of the Federal High Court Act, Nwite said the chief judge may, at any stage before final judgment, transfer any matter to another division. He, therefore, dismissed the Osun government’s application seeking a return of the case to Osogbo.
He held that the application challenging the transfer of the case from the Osogbo division to the Abuja division lacked merit and is hereby dismissed.
Addressing the allegation of bias in the transfer, the court held that the claim was “wholly unfounded and speculative”.
“A mere administrative act by the Chief Judge transferring a case cannot, by any stretch, amount to bias. The plaintiff has not produced any credible evidence to support such a grave allegation,” Nwite ruled.
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The matter was subsequently adjourned till October 17 for continuation of the hearing.
Earlier, the AGF was removed from the case after the plaintiff discontinued the suit against him, noting that a similar matter was already pending before the supreme court.
