The Supreme Court on Friday struck out a case filed by the Osun State Government over the release of withheld funds meant for local government areas in the state. The matter was brought by the Attorney General of Osun State, who asked the court to order the Federal Government to release the allocations.
A seven-member panel of the court reached a split decision of six to one. In the ruling delivered by Justice Mohammed Idris, the court said the case was not properly filed. It explained that the local government councils in Osun, not the state government, were the right parties to bring such a complaint before the court. It also noted that the Supreme Court can only handle disputes between states and the Federal Government as a first point of call, and the state did not have the authority to speak on behalf of the 30 councils in this situation.
The court set aside the suit after agreeing with the objection raised by the Attorney General of the Federation, who challenged the legal strength of the case. The justices pointed out that the councils are recognised as independent bodies under the law and should have taken action themselves.
Although the court struck out the case, it called on the Federal Government to fully obey earlier judgments that granted financial freedom to all 774 local governments across the country.
Osun State had asked the court to stop the Federal Government from releasing the funds to former local government officials who were removed from office. It argued that earlier court orders prevented the funds from being released to any group until the matter was settled. The state’s legal team claimed that the Federal Government tried to move the funds in a way that favoured one side in the dispute.
The Federal Government, however, told the court that there was no wrongdoing on its part and that the state wanted to prevent the former officials from receiving money even though their three-year tenure had ended. It added that the suit lacked a proper basis and amounted to an improper use of the court process.
More updates are expected as the story develops.