JUST-IN: Supreme Court Strikes Out Osun Government’s Suit On Withheld LG Funds

In a split decision of six Justice to one, the Supreme Court on Friday struck out a suit filed by the Attorney General of Osun State against the Attorney General of the Federation (AGF) over withheld allocations due to local government areas in the State.

The apex court held that the Osun State Attorney General and Commissioner for Justice lacked the legal right to have instituted the case on behalf of the 30 local governments in the state.

The court held that those who won the local government election and having been inaugurated were the jurisdict persons that can sue and be sued directly.

In a judgment on Friday, the Supreme Court also held that the federal government erred in withholding the local government fund, adding that the action was in grave breach of the 1999 Constitution.

Justice Mohammed Baba Idris, who read the lead judgment, said the federal government soiled its hands over the decision to unjustly seize fund and admonished it to strictly ensure that the funds are directly channeled to local government accounts.

The Court further dismissed the AGF’s contempt allegations against Osun State, adding that he was in more contempt than the State by not paying the fund as required by law.

Justice Idris however said that since there was no evidence that Osun State Attorney General was briefed by the local governments, he ought not to have filed the case on their behalf.

However, Justice Emmanuel Akomaye Agim, in a minority judgment, disagreed with the six other justices, holding that Osun State Attorney General has the right to institute the case.

Justice Agim said that the action of the federal government in withholding the local governments funds was in bad taste because it was capable of crippling the activities of the Councils.