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A lawsuit filed by the Osun State Attorney General against the Attorney General of the Federation (AGF) regarding withheld local government funds was dismissed by the Supreme Court on Friday in a split decision.
The Osun State Attorney General and Commissioner for Justice had no legal authority to file the lawsuit on behalf of the state’s thirty local governments, the supreme court said.
The court decided that the right people to file and be sued directly are those who won the local government elections and were sworn in.
The Supreme Court ruled on Friday that the federal government had violated the 1999 Constitution by refusing to provide the local government the money.
The lead judge, Justice Mohammed Baba Idris, stated that the federal government’s action to wrongfully 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 dismissed 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 the Osun Attorney General should not have brought the action on their behalf because there was no proof that the local governments had briefed him.
Justice Emmanuel Akomaye Agim disagreed with the other six justices in a minority ruling, concluding that the Osun Attorney General is entitled to bring the matter.
According to Justice Agim, the federal government’s decision to withhold local government funding was inappropriate since it may seriously impair council operations.
