By Adeyinka Adeniran
An Oyo State High Court 5, sitting in Ibadan, on Friday adjourned for ruling on the applications by 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 matter with suit No. 1/1149/2025 between the Attorney-General of Osun State, the Osun State Local Government Service Commission, and UBA Plc.
The ruling, slated for Tuesday, October 14th, 2025 is to determine whether the case should be adjourned sine die as put before the court by Counsel to UBA, Mr Mutalib Adebayo Ojo (SAN), to await the outcome of Supreme Court decision, or whether the court should take the other applications.
The other applications before the court bothers on jurisdiction, applied for by counsel to the court-sacked APC council chairmen, led by Kazeem Gbadamosi, SAN, as well as the one on participating to be joined by other parties.
Giving the ruling, the Presiding Judge, Justice Ladiran Akintola said the ruling was given after due consultation with all parties so as to have enough time to write a considered ruling on the matter.
The court also extended till October 14th, its Order of Interim Injunction against UBA, 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 (CBN).
In court on Friday, Counsel to UBA, Adebayo Ojo, SAN reminded the Court of his application that the matter be adjourned sine die until the Supreme court will deliver its judgment.
He noted that the suit upon which the case was filed had been heard at the Supreme Court and judgment reserved, adding that the fact cannot be controverted by any of the parties before the Court.
While asking for the case to be adjourned indefinitely, he told the court that the local government funds in contention were still in its safe custody and untouched by any party.
He noted that, “if the High Court proceed to hear the suit, there is the likelihood or 50-50 chance that the whatever the court does on the may be in conflict with the decision of the apex court.”
He added that what the court should look at has to do with the hierarchy of the courts, which might result in time wasting of the lower court, noting that once the matter is decided by the Supreme Court, there will be noting left for any of the parties to do.
He urged the Court to adjourn the matter sine die to await the Supreme Court judgement.
Reacting, Gbadamosi while urging the court not to grant the application until it addresses the issue of jurisdiction told the court that the application is an anomaly and not something that should be before the court.
He said, “In view of the fact that from the defendants and originating summons, their is a suit before the Supreme court which this current suit nd reliefs been sort is predicated on. This suit was filled subsequently after the Supreme Court case was filed, that in itself constitute an abuse of court process which this court must not grant.”
However, counsel to the plaintiffs, Musibau Adetunmbi, SAN, countered the submissions of Gbadamosi noting that his client ran to the court when it observed that despite awaiting the judgement of the Supreme Court, agencies of the Federal government including the Central Bank of Nigeria (CBN) and Accountant General still when ahead to deposit the fund in question into UBA.
“If the money was not moved from the CBN we will not come before the Court. There is no argument, two parties are disputing over the rest. But, we all know that the Supreme Court does not have jurisdiction over UBA but this court does, hence our decision to approach this court.
“The suit is not an abuse ofbprocesses as it was filed when the money was moved to UBA by government agencies. Agents of the FG including THE CBN, Accountant General of Federation without recourse to the law violated the law and move the money to UBA.”
After taking series of arguesment and counter arguments, the Judge retired to the Chamber to write the ruling but emerged about ten minutes later to adjourn for the ruling to be read next week, Tuesday.
