The Supreme Court has reserved judgment in the suit
filed by the Attorney General of Osun State against the Attorney
General of the Federation (AGF) over the alleged withholding of statutory
allocations meant for the 30 local government areas in the state.
Justice Uwani Abba-Aji, who led a seven-member
panel of justices, reserved judgment to a date that will be communicated to
the parties after hearing arguments from both sides.
In the suit, the Osun State Attorney General is
seeking an order directing the AGF to immediately release statutory
allocations to the chairmen and councillors of the state’s local government
areas.
Counsel to the plaintiff, Musibau Adetunbi (SAN),
invoked the Supreme Court’s original jurisdiction, relying on a letter
allegedly issued by the AGF recognizing the disputed All Progressives
Congress (APC) chairmen.
Adetunbi also sought an order restraining the AGF from further withholding or
seizing monthly allocations and revenues meant for the local governments,
arguing that the councils had democratically elected officials in place.
The Osun Attorney General contended that the
AGF’s letter recognizing the APC chairmen was unlawful and premature, as
the matter was still pending before the courts. He further argued that the
election which produced the APC chairmen had been nullified by a Federal
High Court and the decision upheld by the Court of Appeal in Abuja.
While urging the apex court to grant all the reliefs
sought, Adetunbi maintained that the AGF acted in disregard of subsisting
court judgments.
However, counsel for the AGF, Akin Olujimi (SAN),
urged the Supreme Court to dismiss the suit on several grounds.
He argued that the plaintiff lacked the legal authority to institute the
case under the court’s original jurisdiction, insisting that the Supreme Court
was not competent to hear the matter directly.
Olujimi further submitted that the suit did not
disclose any cause of action, noting that the tenure of the disputed
council chairmen would expire on October 22, 2025, and that the withheld
funds should rightfully be released to them for the administration of their
councils.
He also accused the Osun State government of abuse
of court processes, saying multiple cases had been filed in different
courts on the same subject matter involving the same parties.
The apex court, after taking arguments from both
sides, reserved its judgment to a date to be announced later.
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