₦airaland Forum

The Supreme Court on Friday dismissed a suit filed by the Osun State Government seeking to compel the Federal Government to release local government allocations allegedly withheld from the state’s 30 councils.

A seven-member panel of the apex court, in a majority decision of six to one, ruled that the case was incompetent. Delivering the lead judgment, Justice Mohammed Idris held that Osun State lacked the legal standing to invoke the Supreme Court’s original jurisdiction on behalf of the local government councils.

The court explained that its original jurisdiction applies strictly to disputes between the Federal Government and a state, not between the Federal Government and local councils, which are recognised as independent bodies capable of instituting their own actions. Consequently, the Justices found that only the councils themselves could challenge the alleged withholding of funds.

Justice Idris also rejected the Osun Attorney-General’s argument that the matter qualified as public interest litigation, stressing that procedural requirements could not be sidestepped.

Although the panel upheld the preliminary objection raised by the Attorney-General of the Federation, it nonetheless urged the Federal Government to fully implement earlier judgments granting financial autonomy to all 774 local government areas in Nigeria.

In its suit, marked SC/CV/775/2025, Osun had asked for ten reliefs, including declarations that the Attorney-General of the Federation must comply with lower court rulings affirming the legitimacy of democratically elected council officials following the 22 February 2025 elections.

The state also sought an order directing the FG to release all statutory allocations allegedly withheld, and a perpetual injunction restraining the Federal Government from diverting or suspending council funds.

Counsel for Osun State, Musibau Adetunbi, SAN, told the court that despite the pending case, the Attorney-General of the Federation allegedly directed the release of the disputed funds to sacked APC chairmen and councillors, adding that only a restraining order prevented the transfer.

The Federal Government, however, argued that the state had no valid claim and accused it of deliberately frustrating the former APC council officials, whose tenure expired in October.

FG’s counsel, Chief Akin Olujimi, SAN, maintained that the matter was not one the Supreme Court could entertain and accused the plaintiff of abusing judicial process.

After considering the submissions, the Supreme Court dismissed the suit for want of competence.

Truths9ja:
Congratulations 🎉 to APC family

Saao:
lol, congratulations to Osun government, just for the 30 local government to briefed the AG to file on their behalf or jointly file the case. If fg is smart, is just to release the fund before the Osun correct the mistake and refile the case

Burob:
The damage has already been done, filing another case is just ceremonial, a waste of time, events have overtaken all actions.

Truths9ja:
Congratulations 🎉 to APC family

ERockson:
Who wins the case now with this back and forth judgement

FreeStuffsNG:
Osun State Government was going to lose that case ab initio. I believe they did it to delay the process while the tenure of the elected officials run and ultimately expire.

Unfortunately for the governor, his losing streak has not abated. He will be a one-term Governor from the look of things.

Saao:
which event? Have they paid the money? If they haven't, then they can.

fergie001:
The Governor will handsomely win again.

He didn't do so to delay it. What the Supreme Couet is saying that the FG had no right to withhold the funds, however, it is the LGs themselves that should have filed and it shouldn't have been directly to the SC but to the FHC and then it will come up to the Appeal Court and then SC. If the Governor wanted to really delay, he will have gone through the FHC route as it will take more time.

He was simply naive.

Burob:
Governor wey no get party?

Burob:
Money that the APC has paid to their own people a long time ago.

The local government people that the case was filed on their behalf are no longer in power.

fergie001:
Na so Diri take no get party, till e get party.

There is a court order barring any movement of cash away from the accounts and the FG confirmed during the suit the money is still intact.

Burob:
Ok, when did u start believing the FG?

fergie001:
The Governor will handsomely win again.

He didn't do so to delay it. What the Supreme Couet is saying that the FG had no right to withhold the funds, however, it is the LGs themselves that should have filed and it shouldn't have been directly to the SC but to the FHC and then it will come up to the Appeal Court and then SC. If the Governor wanted to really delay, he will have gone through the FHC route as it will take more time.

He was simply naive.

fergie001:
Na so Diri take no get party, till e get party.

There is a court order barring any movement of cash away from the accounts and the FG confirmed during the suit the money is still intact.

FreeStuffsNG:
Hehehe. I don’t think so sir. He wasn't naive.

He knew that this would be the outcome. He has effectively prevented and still preventing the elected LGA officials from APC from functioning till their constitutional tenure will expire.

Burob:
Same Governor Diri that cross carpeted to The APC is who u are using as an example?

Nobody is giving party less Governor Adeleke any local government money.

Please forget that hallucination.

FreeStuffsNG:
Hehehe. I don’t think so sir. He wasn't naive.

He knew that this would be the outcome. He has effectively prevented and still preventing the elected LGA officials from APC from functioning till their constitutional tenure will expire and he is free to conduct fresh LGA elections.

He doesn't want the allocation to the elected APC LGA Chairmen.

Burob:
Money that the APC has paid to their own people a long time ago.

The local government people that the case was filed on their behalf are no longer in power.

fergie001:
Elected LGA officials had a January Court order that struck out their appeal.

So, a Federal High Court barred them in 2022, an Appeal Court order affirmed in January 2025. So, they have gone back to the Appeal Court to re-file the suit and the Appeal Court again struck it out some months ago. So the election that produced them in 2022 had long been pooh-poohed.

So how will you send allocation to people the Court have long sacked?

Burob:
Money that the APC has paid to their own people a long time ago.

The local government people that the case was filed on their behalf are no longer in power.

FreeStuffsNG:
Why would you go to court to stop allocations to those "the court have long sacked"?