By Ikechukwu Nnochiri
ABUJA—The Abuja Division of the Federal High Court, on Thursday, fixed January 24 to rule on an application praying it to vacate an interim order that froze allocations accruing to Osun state Local Government Councils from the Federation Account.
Justice John Tsoho adjourned ruling on the matter after he heard two applications the Osun state government moved through its Attorney General, Dr. Ajibola Bashir, SAN.
Whereas one of the motions sought an order setting aside the interim injunction the court made on December 4, 2017, withholding all allocations to council areas in the state, the second motion challenged an order that stopped planned election in the Councils.
The court orders followed a suit that was filed by three plaintiffs – Chief Kolawole Osunkemitan, Chief Douglas Adeyinka Oyinlola and Prince Aderemi Adeniran Adelowo.
Cited as 1st to 9th defendants in the case where the Attorney General of the Federation, Accountant General of the Federation, the Central Bank of Nigeria, Revenue Mobilisation and Fiscal Commission, Minister of Finance, the Independent National Electoral Commission, INEC.
Others are Osun State Government, Osun State House of Assembly and Osun State Independent Electoral Commission.
While moving the application dated December 28, 2017, the AG of Osun state urged the court to set aside the interim order of injunction granted the plaintiffs on the premise that it had elapsed.
The Osun AG argued that by a provision of Order 26 Rule 12 of the Federal High Court Civil Procedure Rules, an ex-parte order could only last for 14 days.