The Federal High Court in Abuja on Thursday rejected an application by the Osun State government to send back a suit regarding the local government funds to the court’s division in Osogbo, the capital of the state.
Justice Emeka Nwite
also ruled out bias in the decision to keep the case in Abuja instead of transferring it back to Osogbo from where it originated.
It would be recalled that the Osun State Government, through its Attorney-General, filed the suit in May at the Osogbo Division of the Federal High Court against the CBN, the Accountant-General, Shamsudeen Ogunjimi, and the Attorney-General of the Federation, Lateef Fagbemi.
The suit sought to stop federal authorities from releasing withheld local government allocations to sacked officials elected on the platform of the All Progressives Congress (APC) during former Governor Adegboyega Oyetola’s tenure.
During the court’s vacation, the AGF requested that the case be heard in Abuja for prompt determination, and the Chief Judge of the Federal High Court approved.
However, Justice Nwite clarified that the Chief Judge had exercised his judicial and administrative powers to transfer the case to Abuja in accordance with Order 49 Rule 2 of the court.
He said, “A mere administrative act by the Chief Judge transferring a case cannot, by any stretch, amount to bias.
“Accordingly, this application challenging the transfer of the case from the Osogbo Division to the Abuja Division of the Federal High Court lacks merit and is hereby dismissed,” the judge held.
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