Supreme Court reserves judgment in Osun’s suit against AGF on withheld LG funds
The Supreme Court of Nigeria has reserved judgment in a suit filed by the Osun State Government against the Attorney General of the Federation (AGF) over the release of withheld local government (LG) funds to disputed council chairmen.
Justice Uwani Aba’aji, who led a seven-member panel, announced during Tuesday’s proceedings that judgment would be delivered at a later date, and both parties would be notified when it is ready.
The suit marked SC/CV/773/2025, was filed by the Osun State Attorney General, seeking to restrain the AGF from releasing statutory allocations to local government chairmen elected under the All Progressives Congress (APC).
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Osun argues that these chairmen were not validly elected and should not receive funds.
The state also seeks an order compelling the AGF to release funds to council officials it recognizes as lawfully elected across the 30 LGAs.
The case was brought under the court’s original jurisdiction, following a letter from the AGF recognizing the APC chairmen despite ongoing litigation.
Osun argues that the AGF acted improperly by granting recognition while the matter was still pending in court.
The state pointed out that the elections that brought in the APC chairmen were nullified by a Federal High Court, a decision upheld by the Court of Appeal.
Representing the state, Musbau Adetumbi, SAN, urged the court to grant the reliefs sought, stating the AGF’s actions undermined the judicial process.
In response, Chief Akin Olujimi, SAN, representing the AGF, raised a preliminary objection.
He argued that Osun lacked legal standing (locus standi) to bring the matter directly before the Supreme Court, claiming the dispute is political and not within the court’s original jurisdiction.
Olujimi also argued that the suit disclosed no valid cause of action, noting that the tenure of the APC chairmen remains until October 22.
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He maintained that the statutory funds should be released to them in the meantime.
He further accused the Osun State Attorney General of abusing court processes by filing similar cases in several high courts involving the same parties and issues.
He asked the court to dismiss the case and deny all reliefs sought by the plaintiff.
