By Newspot Nigeria Politics Desk
Osogbo— The Osun State chapter of the All Progressives Congress (APC) has formally petitioned the Osun State Judicial Service Commission (JSC), calling for an investigation into the conduct of Senior Magistrate A. A. Adeyeba of Magistrate Court 5, Osogbo, over what it describes as “grave judicial misconduct” in the ongoing Osun Local Government funds case.
In a press statement signed by the Osun APC Director of Media and Information, Mogaji Kola Olabisi, the party accused the Magistrate of allegedly disregarding an order of the High Court which had directed a stay of proceedings and ordered the transfer of the criminal charge before him for quashing.
Background of the Dispute
The case, State v. UBA, arose from criminal proceedings instituted by the Osun State Government against the United Bank for Africa (UBA) and three of its officials. The state alleges unlawful release of funds to local governments during the tenure of APC-led councils.
During earlier proceedings, the Magistrate had issued bench warrants for the arrest of senior UBA officials. The bank subsequently approached the High Court, seeking to quash the charge. The High Court reportedly ordered a stay of proceedings before the Magistrate and directed that the case file be transferred to it.
What Happened in Court
At the resumed sitting on February 10, counsel to UBA, Mr. H. B. Williams, informed the Magistrate that the High Court order had been duly filed and served.
However, counsel to the State, Mr. Biodun Badiora, urged the court to continue proceedings under Section 301 of the Administration of Criminal Justice Law.
Although the Magistrate indicated he would rule later on whether to proceed or stay proceedings, the State reportedly made an oral application seeking an order restraining UBA from releasing further funds to Osun local governments.
Counsel for UBA objected, arguing that the Magistrate lacked jurisdiction to grant such orders, especially given the constitutional presumption of innocence and the pending High Court directive.
The Controversial Orders
Upon resumption, Magistrate Adeyeba reportedly:
• Restrained UBA from releasing funds to Osun State local governments
• Ordered the bank to enter into a ₦1 billion bond
The APC described these actions as “judicial lawlessness,” arguing that once a superior court has assumed jurisdiction and ordered a transfer, further proceedings by a lower court may be rendered a nullity.
Layonu’s Reaction
According to the statement, a senior lawyer, Dr. Layonu, who was present in court as an observer, reportedly cautioned that:
“A court of law does not issue orders in vain. Once jurisdiction is lost by reason of a superior court’s directive, any further orders amount to a nullity.”
The APC is urging the Judicial Service Commission to urgently investigate the matter to safeguard judicial integrity and uphold the rule of law.
As of press time, there has been no official response from the Osun State Judiciary.
— Newspot Nigeria
