The Supreme Court of Nigeria has dismissed a suit initiated by the Osun State Attorney General, Oluwole Jimi-Bada, against the Attorney General of the Federation, Lateef Fagbemi, over the controversy surrounding withheld funds meant for local governments in the state.
In a 6–1 split decision, the apex court concluded that the Osun Attorney General and Commissioner for Justice had no lawful standing to file the action on behalf of the state’s 30 local government councils.
The court stated that only those who won the local government elections and assumed office were legally empowered to institute such proceedings.
Delivering the lead judgment, Justice Mohammed Idris ruled that the Federal Government acted improperly by withholding the allocations, stressing that the move violated the 1999 Constitution. He noted that the Federal Government had no justification to hold back the funds and emphasized that allocations ought to be sent directly to the designated local government accounts.
The court also dismissed the AGF’s claims of contempt against Osun State, remarking that he was “in more contempt” by failing to release the funds as required by law. Justice Idris added that the Osun Attorney General should not have filed the suit because there was no proof that he had the authorization of the local governments to do so.
In a dissenting opinion, Justice Emmanuel Agim disagreed with the majority stance. He maintained that the Osun Attorney General possessed the authority to initiate the action and criticized the Federal Government’s withholding of local government funds, describing the decision as harmful and capable of undermining the councils’ operations.
What you should know
This judgment reinforces the constitutional autonomy of Nigerian local governments and clarifies who can legally represent them in court.
While the Supreme Court acknowledged that the Federal Government acted unlawfully by withholding allocations, it also emphasized that only duly elected and inaugurated local officials can challenge such violations. The dissent highlights ongoing debates about state-level oversight and representation. For Osun State, the ruling means any future challenge must originate directly from the elected councils.
The decision also intensifies scrutiny on how constitutional provisions guiding local government finance are applied nationwide.
