In a divided decision on Friday, the Supreme Court dismissed a lawsuit filed by the Attorney General of the Federation (AGF) against the Osun State Attorney General about withheld local government funds.
The top court ruled that the Osun State Attorney General and Commissioner for Justice lacked the authority to file the lawsuit on behalf of the state’s thirty local governments.
The court decided that the right people to file and be sued directly are those who were elected to local government and have taken office.
In a ruling on Friday, the Supreme Court declared that the federal government had violated the 1999 Constitution by withholding payments from local governments.
The main judge, Justice Mohammed Baba Idris, ruled that the federal government’s action to unlawfully seize the assets was tainted and cautioned it to make sure the money is transferred straight to local accounts.
The AGF’s accusations of contempt against Osun were denied by the court, which further stated that he was in more contempt than Osun for failing to make the legally mandated payment.
However, Justice Idris stated that he shouldn’t have brought the complaint on behalf of the local governments because there was no proof that the Osun Attorney General had been informed by them.
Justice Emmanuel Akomaye Agim disagreed with the other six justices in a minority ruling, concluding that the Osun Attorney General had the authority to bring the matter.
According to Justice Agim, the federal government’s decision to withhold funds from local governments was inappropriate since it may seriously impair council operations.
