BY ANTHONY OCHELA
Supreme Court yesterday struck out a suit filed on behalf of the Osun State government by the Attorney-General to compel the federal government to release the allocations due to local governments in the state.
The court held that the Attorney-General of Osun State lacked the locus standi (meaning legal right) to have filed the suit on behalf of the Local Governments who are legal entity with capacity to sue to assert their right.
Justice Idris, who read the lead judgement backed by six others, 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.
Justice Idris said 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 there is no dispute between Osun State and the Federal Government to have allowed the state’s Attorney General to approach the Supreme Court.
He distinguished the Osun case from that of the AG, Abia and others v. AG of the Federation, in which the Supreme Court ordered the direct payment of allocations to Local Governments across the federation.
Justice Idris held that such suit over withheld Local Government funds ought to have been filed by the affected Local Governments.
Justice Idris, however, frowned at the failure of the federal government to put in place all necessary measures to give effect to the Supreme Court ‘s judgment in AG, Abia and others v. AG of the Federation, mandating direct payment of allocations to Local Governments across the federation.
He held that by the judgment, the Federal Government was under obligation to ensure that all funds standing to the credit of Local Governments in the federation account are sent directly to them without being withheld under any excuse.
