The Supreme Court on Friday struck out a suit filed by the Osun State Attorney-General against the Attorney General of the Federation (AGF) over withheld allocations due to local governments in the state.
The Supreme Court held that the Osun State Attorney-General and Commissioner for Justice has no legal rights to institute the case on behalf of the 30 local governments in the state.
The apex court held that those who won the local government election and having been inaugurated were those who can sue and be sued directly.
The court said the federal government was wrong in withholding the local government fund, adding that the action was in grave breach of the 1999 Constitution.
Justice Mohammed Idris who read the lead judgement said the hand of the federal government was soiled in its decision to unjustly seize fund and admonished it to strictly ensure that the funds are directly channeled to local accounts.
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Justice Idris dismissed the AGF’s contempt allegations against Osun State, adding that he was in more contempt than the state by not paying the fund as required by law.
The judge however said since there was no evidence that Osun Attorney General was briefed by the local governments, he ought not to have filed the case on their behalf.
In a minority judgement by Justice Emmanuel Agim, he disagreed with the six other justices, holding that Osun Attorney General has the right to institute the case.
Agim said the action of the federal government in withholding the local governments funds was in bad taste because it was capable of crippling the activities of the councils.
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