The Supreme Court of Nigeria has dismissed a suit filed by the Osun State Attorney General, Oluwole Jimi-Bada, against the Attorney General of the Federation (AGF), Lateef Fagbemi, over the Federal Government’s withholding of allocations meant for local governments in the state.
In a split decision of six justices to one, the apex court ruled that the Osun Attorney General lacked the legal standing to file the suit on behalf of the state’s 30 local government councils. The court held that only the elected and inaugurated local government officials have the authority to sue or be sued over issues affecting their councils.
Delivering the lead judgment, Justice Mohammed Idris declared that the Federal Government acted unconstitutionally by withholding the local government funds, stressing that such action violated the 1999 Constitution. He stated that the withheld allocations should have been paid directly into the local government accounts.
The court also dismissed the contempt allegations made by the AGF against Osun State, noting that the Federal Government itself was in deeper contempt for failing to release the funds as mandated by law.
However, Justice Idris maintained that since there was no evidence showing that the Osun Attorney General was instructed by the local governments to file the case, he should not have done so.
In a dissenting judgment, Justice Emmanuel Agim disagreed with the majority, insisting that the Osun Attorney General did have the legal right to institute the suit. He condemned the Federal Government’s withholding of the funds, describing it as an act capable of crippling local government administration.
