The Digest:
The Supreme Court has dismissed the Osun State Government's case against the federal government over withheld local government funds. While the court affirmed the illegality of withholding the allocations, it ruled that the state's Attorney General lacked the legal standing to sue on behalf of the 30 local councils.
Key Points:
- The Supreme Court ruled 6–1 to strike out the suit filed by the Osun State Attorney General.
- It held that only the elected local government officials have the legal standing to sue.
- The court affirmed that the federal government acted unlawfully in withholding the funds.
- Justice Mohammed Idris stated the federal government “soiled its hands” by seizing the funds.
- The contempt allegations against Osun State were dismissed by the court.
- The AGF was found to be in greater contempt for failing to release the funds as required.
- In a minority judgment, Justice Emmanuel Agim argued the state AG had the right to file the case.
The ruling reinforces constitutional procedure but leaves a stark contradiction: while the federal action was declared illegal, the path to redress remains procedurally narrow for the affected councils.
Sources: Leadership, Supreme Court of Nigeria.
