The Supreme Court of Nigeria has struck out a suit filed by the Attorney General of Osun State, Oluwole Jimi-Bada, against the Attorney General of the Federation, Lateef Fagbemi, concerning withheld allocations to the state’s local governments.
In a 6-1 split decision, the apex court ruled that the Osun State Attorney General lacks the legal standing to file the suit on behalf of the 30 local governments. The court emphasized that the rightful parties to such a case are the elected and inaugurated local government officials, who have the authority to sue or be sued directly.
Justice Mohammed Idris, delivering the lead judgment, noted that while the Federal Government acted wrongly in withholding local government funds—violating provisions of the 1999 Constitution—the Osun Attorney General did not have the authority to initiate the case without explicit backing from the councils.
“The Federal Government improperly seized the funds and must ensure they are allocated directly to local government accounts,” Justice Idris said. He also dismissed the AGF’s allegations of contempt against Osun State, stating that the federal government was in greater contempt for failing to release the funds as required by law.
In a minority judgment, Justice Emmanuel Agim disagreed with the majority, asserting that the Osun Attorney General does have the right to institute the suit.
Justice Agim condemned the federal government’s withholding of the funds, describing it as “in bad taste” and capable of crippling the operations of the local councils.
The ruling clarifies the legal standing required for local government financial disputes and reinforces the principle that elected officials are the legitimate representatives in such matters.
