- Safiu Kehinde
The Supreme Court has on Friday declared the Federal Government’s seizure of the Osun State’s local government allocation as illegal while also dismissing the suit filed by the state’s Attorney General against the Attorney General of the Federation.
In a ruling decided by seven justices, the apex court held that the Federal Government acted unconstitutionally by withholding funds due to local governments.
It reportedly described the action as a “grave breach” of the 1999 Constitution and of its earlier judgment granting full financial autonomy to local councils.
Justice Mohammed Idris, who delivered the lead judgement, held that the Federal Government’s hands were “soiled” by the illegal seizure of funds.
He urged the FG to immediately adhere to the constitutional provisions requiring direct allocation to local government accounts.
Meanwhile, by a majority decision of six justices to one, the apex court struck out the suit, holding that the Osun Attorney General lacked the legal capacity to institute the action on behalf of the state’s 30 local government councils.
The court ruled that only duly elected and inaugurated local government officials have the locus standi to sue or be sued in matters affecting their finances and administration.
It also dismissed contempt allegations raised by the AGF against Osun State, stating that the Federal Government was in greater contempt for failing to release the funds as mandated.
Justice Idris further noted that there was no evidence showing that the Osun Attorney General had been formally authorised by the local government councils to file the action.