The Supreme Court on Friday, expressed dismay at Federal Government’s failure to put into effect the July 2024 judgement of the Court that local governments’ share from the federation account be paid directly to them.
The Supreme Court said there was no credible evidence before it that the Attorney General of the Federation (AGF) had initiated or completed the needed modalities to give effect to its judgment in the case of AG of the Federation and AG of Abia State and others.
It asked the authorities to commence the implementation of that decision forthwith.
“In the instant suit, the decision of this court in the case of AG of the Federation and AG of Abia State and others is binding on the defendant, who is to ensure that it is complied with,” Justice Mohammed Idris said in his lead judgement in a suit filed on behalf of the Osun State Government by the state’s Attorney General to compel the Attorney General of the Federation (AGF) to release withheld allocations due to local governments in the state.
The court struck out the Osun State government suit.
The apex court, in a split decision of six-to-one, held that the AG of Osun State lacked the locus standi (the legal right) to have filed the suit on behalf of LGs in Osun State as they are legal entity with capacity to sue to assert their right.
In the lead majority judgment in the suit marked: SC/CV/773/2025, prepared and read by Justice Idris, the Supreme Court partially upheld the preliminary objection raised by the AGF against the competence of the suit.
Justice Idris held that the plaintiff failed to establish that there was any cause of action capable of invoking the original jurisdiction of the Supreme Court as provided under Section 232(1) of Construction.
He noted that from the facts of the case, the issue in dispute was about the alleged failure of the Federal Government to release funds standing to the credit of Osun State Local Governments in the Federation account.
He held that the plaintiff failed to establish that the subject of the suit constituted a dispute between Osun State and the FG to have clothed the state’s AG with the necessary locus standi to approach the Supreme Court.
