Osun LG funds: S’Court delivers judgment

News Update

THE Supreme Court on Friday struck out a suit filed by the Osun State Government against the Attorney General of the Federation (AGF), ruling that the state lacked the legal standing to initiate the action.

In its lead judgment, the apex court held that grievances relating to the alleged non-release of local government funds can only be pursued by the local government councils themselves, as they are constitutionally empowered to sue and be sued.

The court described the suit as an abuse of court process and an attempt to revisit issues already adjudicated upon.

It concluded that the Attorney General of Osun State could not sustain the action, adding that the matter itself amounted to an academic exercise.

“The plaintiff’s suit is hereby struck out for want of jurisdiction,” the court held.

However, in a firm dissent, Justice Emmanuel Akomaye disagreed with the majority. In his dissenting opinion, he held that the case was a public-interest action and that the Osun Attorney General acted in good faith.

“This suit is a public action and the AG of Osun acted in good faith. The suit is valid and the AG Osun State has locus standi to file the suit,” he stated.

Justice Akomaye dismissed the defendant’s preliminary objection and declared that the plaintiff’s suit was valid, granting all the reliefs sought.