The Supreme Court on Friday, in a split ruling, struck out a suit filed by the Osun State Attorney General against the Attorney General of the Federation (AGF) regarding withheld local government allocations.

The apex court held that the Osun State Attorney General did not have the legal right to file the case on behalf of the state’s 30 local governments. According to the judgment, only elected and inaugurated local government officials have the authority to sue or be sued directly.

However, the Supreme Court also criticized the federal government for unlawfully withholding the funds, stating that the action breached the 1999 Constitution.

Justice Mohammed Baba Idris, who delivered the lead judgment, described the federal government’s conduct as improper and urged that local government allocations be directly transferred to the councils’ accounts. The court also dismissed the AGF’s contempt claims against Osun, noting that the federal government was in greater contempt for failing to release the funds.

Justice Idris emphasized that since there was no evidence that the Osun Attorney General had been properly briefed by the local governments, the suit should not have been filed on their behalf.

In a minority opinion, Justice Emmanuel Akomaye Agim disagreed with the majority, asserting that the Osun Attorney General had the right to institute the suit. Justice Agim also criticized the federal government for withholding the funds, noting that the action had the potential to cripple local government operations.