An Oyo State High Court 5 sitting in Ibadan, again, on Friday, extended ruling on applications filed by the United Bank for Africa Plc and other defendants in the suit instituted by the Attorney General of Osun State and one other person as claimants, till next Tuesday.
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 Progressive Congress Local Government Chairmen by the Senior Advocate of Nigeria, Kazeem Gbadamosi.
Some other parties, including the sacked APC Chairmen and the PDP, also filed applications seeking to be joined in the suit. The Court 5, presided over by Justice Ladiran Akintola, had, on Thursday, fixed Friday for the hearing of the case.
The UBA, while seeking the case to be adjourned indefinitely, said the local government funds in contention were still in its safe custody and untouched by any party. Presiding Judge Akintola said the ruling date was set after due consultations with all parties to allow sufficient time for a well-considered ruling on the various applications.
He, therefore, extended the order of Interim Injunction against UBA Plc till Tuesday, October 14, maintaining a no-debit restriction on 30 bank accounts into which withheld Osun State Local Government allocations were paid by the Central Bank of Nigeria.
During Friday’s proceedings, counsel to UBA, Mutalib Ojo, SAN, reminded the court of his earlier application that the matter be adjourned sine die pending the judgment of the Supreme Court on a related case. Ojo explained that the substantive dispute had already been heard by the Supreme Court, which has reserved judgment, saying any ruling by the lower court might conflict with the apex court’s eventual decision.
“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.”
He, therefore, advised the court to adjourn the matter indefinitely, assuring that the funds in question were still in the safe custody of UBA and untouched by any party.
However, counsel to the sacked APC chairmen, Gbadamosi, SAN, opposed the application, urging the court not to grant it until the issue of jurisdiction had been addressed. He described the bank’s application as “an anomaly” that should not be entertained.
“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, Musibau Adetunmbi, SAN, countered the submission, 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.”
Akintola, who retired briefly to his chambers after hearing extensive arguments and counterarguments from all counsels, then adjourned the case for ruling till Tuesday, October 14, 2025. On October 7, a seven-member panel of the Supreme Court of Nigeria had reserved judgment in a suit seeking to urge the Attorney General of the Federation to release Osun State’s withheld local government funds, which he had already allegedly directed to be paid to the disputed local government chairmen elected on the platform of the All Progressives Congress.
The panel, which was presided over by Justice Uwani Aba’aji, reserved judgment after hearing arguments from Osun State’s Attorney General, represented by Musbau Adetumbi (SAN), and the Attorney General of the Federation’s counsel, Chief Akin Olujimi (SAN), in the suit numbered SC/CV/773/2025.
Justice Uwani Aba’aji said, “Date for judgment in the suit will be communicated to parties.”
