The Supreme Court has struck out a suit filed by the Osun State Government seeking to compel the Federal Government to release allocations due to Local Governments in the state.
The apex court held that the state’s Attorney General lacked the locus standi to file the suit on behalf of the Local Governments, which have the capacity to sue to assert their rights.
In a majority judgment of six-to-one, the court ruled that the issue in dispute was between the Local Governments and the Federal Government, and not the state, and therefore the suit was not valid.
The lead majority judgment was prepared and read by Justice Mohammed Idris, who held that the plaintiff failed to establish that there was any cause of action capable of invoking the original jurisdiction of the Supreme Court.
Justice Idris further held that the suit was premature, as the Local Governments had not exhausted the remedies available to them under the Constitution.
He noted that the Federal Government had not denied the existence of the funds, but rather claimed that they were not obligated to release them directly to the Local Governments.
The court distinguished this case from the previous case of AG, Abia and others v. AG of the Federation, in which the Supreme Court ordered the direct payment of allocations to Local Governments across the federation.
Justice Idris held that the circumstances of the two cases were different, and that the Osun State Government had not made a strong enough case to warrant the court’s intervention.
Justice Emmanuel Agim wrote a dissenting judgment, disagreeing with the position of the six other Justices on the seven-member panel.
He argued that the Osun State Government had a legitimate interest in ensuring that the Local Governments received their allocations, and that the suit was necessary to prevent further injustice.
The court’s decision has sparked debate about the role of state governments in advocating for the rights of Local Governments, and the need for clarity on the procedures for accessing funds allocated to Local Governments.
