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.
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.
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.
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.
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