…Says Bench Warrant Dead On Arrival, Lauds Judiciary For Granting Leave To Quash Criminal Case Against UBA
The Osun State Chapter of the Nigerian ruling party, the All Progressives Congress (APC) has berated Governor Ademola Adeleke of Osun State and his co-travellers in the PDP/Accord-controlled government for the display of pathological ignorance over the controversial bench warrant order issued by an Osogbo Magistrate’s Court on Friday.
We commend the judiciary for granting the leave to quash the criminal charges against the financial institution, the United Bank for Africa, (UBA).
It would be recalled that the Osun State High Court, sitting in Osogbo, in the early hours of Friday, issued a leave to the UBA in suit HOS/M4/2026 for quashing the criminal proceedings being held at the Magistrate Court in Osogbo. The leave was granted in a Motion Ex-parte granted by Justice M. O. Agboola of the High Court of Osun State.
But in what appears unprofessional and contradictory, the decision of Magistrate A. A. Adeyeba, who is a party in the Suit HOS/M4/2026, to issue a bench warrant against some officials of the UBA inspite of being aware of a leave, seeking to quash the proceedings in the matter before the magistrate earlier granted on the same day by the High Court to the UBA.
One would have expected Magistrate Adeyeba to await the decision of the superior court over the determination of the validity of charge No. MOS/601c/2025 once the leave had been granted but he refused to honour the ruling and went ahead to issue a bench warrant which in the eye of the law amounts to academic exercise.
It was disheartening that Adeleke’s government could needlessly resort to celebrating failure when it is obvious even to a layman that the order of the Magistrate Court was dead on arrival.
We, as a party, are expressing displeasure over the negligence of the Magistrate to have ignored the pendency of Suit No. FHC/OS/CS/19/2026 in which the Magistrate is also a defendant as instituted by the reinstated chairmen and councilors to challenge the illegality being perpetrated at the Magistrate Court over the purported charge.
The unsavoury development merely confirms the Adeleke government’s gross ineptitude that culminated in his poor performance over three years of being at the helms of affairs in Osun State.
We urge the state government functionaries to learn more on court hierarchy as any order made by the High Court remains superior to that of the Magistrate Court.
It is unfortunate that the Adeleke government has reduced governance to theatrical rhetorics and it is finding it pretty difficult to know court hierarchy as in the case of the Ex-parte Order made by the State High Court on the matter before it.
The shameful display of hypocrisy, ignorance and crass ineptitude of the Adeleke government is a testament to its poor performance in the office.
We are not surprised that the Osun State government under Adeleke’s watch could descend to such theatrical rhetorics in celebrating non-existent victory which has further underscored the failure that characterised the Adeleke government in all fronts.
For the purpose of clarity and avoidance of doubt, the ruling of the State High Court sitting in Osogbo has nullified whatever the decision that might have been taken by the Magistrate Court, which by implication, is a nullity and mere academic exercise.
Hence, we plead with the members of the public to discountenance the narrative being peddled by Governor Adeleke and his unproductive aides and remain calm and be law-abiding while the Illegality that characterised Adeleke’s government is being lawfully pursued in the competent court of law.
It should continually resonate in the subconscious of the embattled Governor Adeleke and his cohorts that the Supreme Court has determined that the Federal High Court has exclusive jurisdiction over banking matters: Section 251 of the Constitution; though it shares this jurisdiction with the State High Court when it comes to banking-customer relationships.
Apart from the established legal fact that the Magistrate Court has no jurisdiction at all in banking matters, the magistrate must cease all actions in the case before him as he is a party to the case at the High Court. To take further action is sub judice and contempt of court.
It is also necessary to remind Magistrate Adeyeba that the case before him is a glaring abuse of court process as it is recalled that the case of local government accounts and UBA was earlier filed at the Oyo State High Court, Ibadan. To refile it in any form before another court is an abuse of court process.
The honourable thing for Magistrate Adeyeba to do since he is a party to the suit is to recuse himself from the case before him, since he seems to stubbornly wish to pursue it.
e-SIGNED:
*Mogaji KOLA OLABISI, Osun State APC Director of Media and Information.*
