The Federal High Court sitting in Abuja, yesterday, struck out the name of the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), from a case that Osun State Government instituted to halt the release of withheld local council allocations to chairmen and councillors elected on the platform of the All Progressives Congress (APC) but sacked by the court.
The court, in its ruling that was delivered by Justice Emeka Nwite, delisted the AGF from the case following a notice of discontinuance brought by the plaintiff.
Osun State government had, through its lawyer, Musibau Adetunbi (SAN), notified the court of its decision to remove the Justice Minister, who was initially listed as the third defendant, from the case.
It is based on the fact that the AGF is already a party to an aspect of the case that is before the Supreme Court.
The AGF, represented by Chief Akin Olujimi (SAN), who did not oppose the removal of his name from the case, however, urged the court to expedite the hearing of the suit.
“This is a very urgent matter that is time-bound. We can reduce the scope of conflict in this matter. Based on that, I will accept the notice of discontinuance only on the basis that there will be urgent and speedy determination of the matter,” he said.
However, the court has fixed September 29 for the hearing of a motion filed by the Osun State government challenging the jurisdiction of the court to hear a suit against withheld council funds.
The state government insisted that since the vacation of the court came to an end on September 16, the case should be transferred back to Osogbo for appropriate hearing and determination of the suit.
Its motion challenging the jurisdiction of the Abuja Division was predicated on the ground that the fiat granted the AGF for the matter to be heard during the vacation in Abuja had been overtaken on the ground that the vacation had come to an end.
The state, in a motion filed by its lead counsel, Adetumbi (SAN), also challenged the validity of a purported letter from the office of the Chief Judge of the court mandating Justice Emeka Nwite to substantively determine the suit in Abuja.
Adetumbi’s grouse was against the letter signed by a person who claimed to be the Chief Judge’s Personal Assistant.
Adetumbi contended that the Personal Assistant to the Personal Assistant of the Chief Judge is a busybody and a person unknown to the law to sign such a sensitive document.
The senior lawyer, while insisting that the integrity of the letter is in doubt, pleaded with Justice Nwite to determine the validity of the letter before proceeding to the substantive matter.
However, counsel to the Central Bank of Nigeria (CBN), Dr Muritala Abdulrasheed (SAN) and that of the Accountant General of the Federation, Tajudeen Oladoja (SAN), who are defendants in the suit, challenged the application of the plaintiff, alleging that it was a ploy to delay the expeditious hearing of the matter.
The two senior lawyers told the court that the tenure of the elected APC chairmen and councillors would come to an end on October 22, and as such, their case will become academic if not expeditiously heard.
