Osun LG Crisis: Council Funds Intact with Us, UBA Tells Court

Kemi Olaitan in Ibadan 

An Oyo State High Court sitting in Ibadan yesterday fixed Tuesday for ruling on applications filed by the United Bank for Africa (UBA) Plc and other defendants in the suit instituted by the Attorney General of Osun State and one other person as claimants.

The applications before the court include one filed by UBA seeking an adjournment sine die (indefinitely) and another challenging the court’s jurisdiction, filed by counsel to the sacked All Progressives Congress (APC) local government chairmen, Mr. Kazeem Gbadamosi, SAN. 

The Peoples Democratic Party (PDP) also filed applications seeking to be joined in the suit.

The UBA through its counsel, Mr. Mutalib Adebayo Ojo, while asking for the case to be adjourned indefinitely pending the judgement of the Supreme Court on a related case, told the court that the local government funds in contention were still in its safe custody and untouched by any party.

He noted that the substantive dispute had already been heard by the Supreme Court, which has reserved judgement, adding that any ruling by the lower court might conflict with the apex court’s eventual decision.

According to him, “If this High Court proceeds to hear the suit, there is a 50-50 chance that whatever decision it makes may conflict with the outcome of the Supreme Court. The issue here concerns the hierarchy of courts. Proceeding further may amount to a waste of judicial time since the Supreme Court’s decision will ultimately prevail.”

However, counsel to the sacked APC chairmen, Mr. Gbadamosi, SAN, opposed the application, urging the court not to grant it until the issue of jurisdiction had been addressed while describing the bank’s application as “an anomaly” that should not be entertained.

He argued, “From the defendants’ originating summons, it is clear that there is a pending suit before the Supreme Court upon which this current case and its reliefs are predicated. This present suit was filed subsequently after the Supreme Court case was instituted. That in itself constitutes an abuse of court process which this court must not condone.”

In his response, counsel to the plaintiffs, Mr. Musibau Adetunbi, SAN, countered the submissions, explaining that his clients approached the court only after discovering that federal agencies, including the CBN and the Accountant General of the Federation, had transferred the disputed funds to UBA despite the pending case at the Supreme Court.

“If the money had not been moved from the CBN, we would not have come before this court. The Supreme Court does not have original jurisdiction over UBA, but this High Court does, hence our action,” he stated.

He added that the suit could not be deemed an abuse of process since it arose from new facts, specifically, the unlawful movement of funds to UBA by federal agencies.

After hearing extensive arguments and counterarguments from all counsel, Justice Akintola retired briefly to his chambers before adjourning the matter for ruling on Tuesday next week, stating that the adjournment will allow sufficient time for a well-considered ruling on the various applications.

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    Another Blow for PDP as Enugu Gov, Peter Mbah Moves to Join APC

    Another Blow for PDP as Enugu Gov, Peter Mbah Moves to Join APC

    Chuks Okocha and Adedayo Akinwale in Abuja

    The Peoples Democratic Party (PDP) may be heading for yet another storm as Enugu State Governor, Peter Mbah appears to have finalised moves to defect to the ruling All Progressives Congress (APC) next week.
    The Chairman of Enugu State APC caretaker committee, Dr. Ben Nwoye, disclosed this yesterday, in Abuja, after the inauguration of his committee by the National Chairman of the party, Prof. Nentawe Yilwatda.
    But in a swift reaction, the National Publicity Secretary of the PDP, Debo Ologunagba, urged members of the party to stay focused, adding, ”we recognise that, and we just want to tell our members, stay focused, and don’t fret. Don’t be afraid. We’re moving ahead as a party, and we’ll do well.”

    The likely move by Mbah, coming amid deepening cracks within the leading opposition party, has sent shockwaves through its ranks in the South-East. With Mbah’s exit looming, the PDP’s grip on the region appears to be slipping faster than ever.
    Following Thursday’s dissolution of the State Working Committee of the APC in Enugu, Mbah is expected to defect to the APC next Tuesday.

    Mbah is expected to join the ruling party alongside elected national and state legislators, members of the state executive, and party leaders from ward and local government levels across the state.
    THISDAY learnt that the failure of the PDP to ratify Hon. Sunday Udeh-Okoye as South East’s choice to complete the remaining tenure Senator Samuel Anyanwu, who had won the party’s ticket and flew the party’s flag in the November 2023 Imo governorship election, which had pitted the party and its South East caucus, was one of the reasons for Mbah’s probable defection.

    In their communique after the South East Zonal Executive Committee (ZEC) meeting at Government House, Enugu, on May 14, the South East PDP had warned that it was fed up and might leave the party if it failed to ratify Udeh-Okoye as the National Secretary for the umpteenth time.

    “In the event that our position is not promptly implemented by the party, the South East PDP, as a family, will be compelled to reconsider our relationship with the PDP going forward,” the communique read by the South East Zonal Chairman of the party, Chief Ali Odefa had stated.
    On the occasion, former Senate President and Chairman of PDP Board of Trustees , Senator Adolphus Wabara, had decried the trampling of South East PDP despite the region’s loyalty to the party since its formation in 1998.

    Speaking further, Nwoye stated: “For the past 10 years, Enugu State has remained in opposition. But all that will change on Tuesday, the 14th of October, 2024, when the governor will be declaring for APC.
    “And the Governor is not coming alone. The Governor is coming in with 260 ward councillors. They will be declaring with the Governor. He will be coming in with the 24 members of House of Assembly. He will be coming in with members of the National Assembly. He will also be coming with the entire Exco.”
    Earlier, Yilwatda told members of the caretaker committee that he understood the fact that they would have to rebuild the party in the state.

    His words: “We know the challenges that we’re in, the need to rebuild the party, to keep the party, to refocus the party, to ensure that the party expands. Expansion in terms of membership.

    “We want to see the number of people that we have in APC increase under your leadership. Not forgetting the members that we have in APC. You can’t throw away what you have because you want to go and get what you don’t have. We must maintain our members, who have laboured, who have suffered, who have built the party, who have sustained. We are the building block of the party. We must be sustained, we must be kept, we must be nurtured, we must be honoured. That’s what keeps this party together.

    “Secondly, APC is a home to all. The person who came yesterday, the person who came today, the person who will come tomorrow, and the person who will come next tomorrow will have equal rights and equal access, based on our Constitution.
    “The NWC has to follow due process in dissolving the state’s working committee. Ensure that all legal processes are followed. “
    The chairman added that ahead of the 2027 elections, the ruling party wants to ensure that it records overwhelming success.

    But reacting to the likely defection by the Enugu State Governor, Ologunagba said, “We’ve gone through this way before, but the foundation of the PDP is strong, solid and based on the people. And that’s why we have reasons to believe that we are the only truly democratic party in this country, that is based on ideas, that is based on convictions, and is based on policies.

    ”It’s on record here in this country that vice-presidents of this country left this party. We have presidents from this country, under this platform, that have shown interest of leaving the party. But the party remains. So that is the message to Nigeria.
    ”This is a party built on ideals, and those ideals are based on the people. And that’s why every day Nigerians are excited about what we’re doing. You come into this secretariat every day, you see a lot of people, people that are not even party members.

    “So you ask if we’re concerned, yes, we’re concerned as a political party, but we are not deterred. Because, like I said, and I will refer to that again, the train for the 2025 elective convention of the PDP figuratively has arrived at the Ibadan.
    ”The defections that you see, if you want to go Biblical, it says, the Egyptians you see today, you see them no more. The APC that is orchestrating all of this, through intimidation, through coercion, through blackmail, by 2027, Nigeria shall see them no more.

    “’So that’s where I’ll end with that question. Nigerians know that the PDP is actually their hope, and we’re excited with the enthusiasm and the kind of feedback we get before we do a particular reference to our convention.
    “So we just want to tell our members, stay focused, and don’t fret. Don’t be afraid. We’re moving ahead as a party, and we’ll do well. ”, the PDP spokesman stated

    ​  

    Chuks Okocha and Adedayo Akinwale in Abuja The Peoples Democratic Party (PDP) may be heading for yet another storm as Enugu State Governor, Peter Mbah appears to have finalised moves

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