Court gavel
Federal High Court sitting in Abuja has dismissed objections filed by the Central Bank of Nigeria (CBN) and the Accountant-General of the Federation (AGF) in a case brought by the Osun State Government over withheld local government allocations.
The suit, initiated by the Osun Attorney-General, is aimed at preventing the Federal Government from releasing funds to local government officials appointed during the administration of former Governor Adegboyega Oyetola, who were removed by the current government.
Delivering the ruling on Thursday, Justice Emeka Nwite held that the Osun Attorney-General had the legal standing (locus standi) to sue on behalf of the state’s local government authorities, as the chief law officer has the constitutional duty to act in the public interest.
“The plaintiff, as the chief legal officer of the state, is well within their rights to institute this suit, especially in matters involving public funds and the interests of local governments,” Justice Nwite ruled.
The court dismissed the defendants’ claims that the Osun AG had no authority to act on behalf of local councils. It also rejected arguments that the suit constituted an abuse of court process.
“There is no evidence before the court to suggest that the plaintiff has acted improperly or abused the legal process. Parallel proceedings alone do not constitute abuse,” the judge added.
Addressing the request to return the case to the Osogbo Judicial Division, from where it was initially filed, Justice Nwite ruled in favour of keeping the case in Abuja, stating that the Chief Judge of the Federal High Court has the discretion to transfer matters between divisions.
Quoting Section 21(1) of the Federal High Court Act, he said: “The Chief Judge may, at any stage before judgment, transfer any cause or matter to another judge or division of the court.”
The motion by the Osun government seeking to move the case back to Osogbo was therefore struck out for lacking merit.
On allegations of bias stemming from the case transfer, the judge described them as “entirely speculative and unsubstantiated.”
“Bias, in the judicial context, implies a disposition that prevents a judge from making a fair and objective ruling. A mere administrative transfer of a case cannot reasonably be interpreted as evidence of bias,” he held.
The court also noted that the name of the Attorney-General of the Federation had already been struck out from the suit on September 22, following the plaintiff’s decision to discontinue proceedings against him, given the existence of a similar matter before the Supreme Court.
That same day, the Osun Government, through its counsel Musibau Adetunbi, SAN, had filed the motion requesting the case be returned to Osogbo, which has now been dismissed.
Justice Nwite adjourned further hearing in the case to October 17.
NAN
