The Osun State Attorney General’s lawsuit against the Attorney General of the Federation (AGF) over withheld local government funds was dismissed by the Supreme Court on Friday in a divided decision.
The Osun State Attorney General and Commissioner for Justice had no legal authority to file the complaint on behalf of the state’s thirty local governments, the supreme court said.
The court decided that the right people to file lawsuits and be sued directly are those who were elected to local government and have been sworn in.
The Supreme Court ruled on Friday that the federal government had violated the 1999 Constitution by refusing to give local governments the money they were entitled to.
The main judge, Justice Mohammed Baba Idris, stated that the federal government’s action to wrongfully seize the assets was tainted, and he cautioned the government to make sure the money is transferred straight to local accounts.
The AGF’s contempt charges against Osun were rejected by the court, which also stated that he was in more contempt than Osun for failing to make the legally mandated payments.
However, Justice Idris stated that the Osun Attorney General should not have brought the action on their behalf because there was no proof that the local governments had briefed him.
Justice Emmanuel Akomaye Agim disagreed with the other six justices in a minority ruling, concluding that the Osun Attorney General was entitled to bring the case.
According to Justice Agim, the federal government’s decision to withhold local government payments was inappropriate since it may seriously impair council operations.
