Supreme Court dismisses Osun govt’s suit over LG allocations

The Supreme Court has struck out a case filed by the Osun State Government, through its Attorney General, seeking to compel the Federal Government to release funds meant for Local Governments in the state.

In its majority ruling delivered in a six-to-one decision, the apex court held that the Osun Attorney General had no locus standi, the legal right, to sue on behalf of the Local Governments, noting that LGs are independent legal entities capable of defending their own rights.

The lead judgment was prepared and delivered on Friday by Justice Mohammed Idris.

Justice Idris held that the plaintiff failed to establish that there was any cause of action capable of invoking the original jurisdiction of the Supreme Court as provided under Section 232(1) of Construction.

Justice Idris further held that from the facts of the case, the issue in dispute was about the alleged failure of the Federal Government to release funds standing to the credit of Osun State Local Governments in the Federation account, and as such, there is no dispute between Osun State and the FG to have allowed the state’s AG to approach the Supreme Court.

While distinguishing this Osun case from that of the AG, Abia and others v. AG of the Federation, in which the Supreme Court ordered the direct payment of allocations to Local Governments across the federation, Justice Idris held that such suit over withheld Local Government funds ought to have been filed by the affected Local Governments.

Justice Idris however frowned at the failure of the Federal Government to put in place all necessary measures to give effect to the Supreme Court ‘s judgment in AG, Abia and others v. AG of the Federation, mandating direct payment of allocations to Local Governments across the federation.

He held that by the judgment, the Federal Government was under obligation to ensure that all funds standing to the credit of Local Governments in the federation account are sent directly to them without being withheld under any excuse.

Justice Emmanuel Agim wrote the dissenting judgment in which he disagreed with the position of the six other Justices on the seven-member panel.

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