Supreme Court’s Open-ended Judgment on Osun LG Funds

It is only in Nigeria that the Supreme Court will deliver judgment and instead of one party rejoicing, both parties are rejoicing.

This is exactly what happened recently when the apex court delivered judgment in the suit filed by the Osun State government against the Attorney General of the Federation and Minister of Justice over the withholding of the allocations due to local governments in the state.

The Governor Ademola Adeleke-led state government urged the Supreme Court to compel the federal government to release all seized funds and to stop what it described as “an unconstitutional and arbitrary seizure” of local government revenues.

In a split decision of six justices to one, the court struck out the suit, saying the Osun State Attorney General and Commissioner for Justice has no legal right to have instituted the case on behalf of the 30 local governments in the state.

It held that those who won the local government election and were inaugurated are the right persons who can sue and be sued directly.

Justice Mohammed Idris who read the lead judgment, held that the federal government was wrong in withholding the local government fund, adding that the action was in breach of the 1999 Constitution. The court ruled that the federal government improperly seized funds and urged it to ensure that the funds are directly allocated to local government accounts.

It dismissed the AGF’s contempt allegations against the Osun State government, adding that he was in more contempt than the state by not paying the funds as required by law.

Justice Idris, however, said that since there was no evidence that the Osun Attorney General was briefed by the local governments, he ought not to have filed the case on their behalf.

Since after the judgment was delivered, both parties have been jubilating, claiming victory. Meanwhile, the allocations are still being withheld. Though the court held that the federal government was wrong to have withheld the allocations, the fact that the suit was struck out is making the APC in the state to jubilate.

The purpose of going to court has been defeated. Elsewhere, courts settle cases and bring disputes to a permanent closure. In Nigeria, court judgments complicate disputes and make mockery of them.