A seven-member panel of the Supreme Court of Nigeria, on Tuesday, reserved judgment in a suit filed by the Osun State Government seeking to compel the Attorney General of the Federation (AGF) to release its withheld local government allocations allegedly directed to be paid to sacked chairmen elected on the platform of the All Progressives Congress (APC).
The panel, presided over by Justice Uwani Aba’aji, reserved judgment after hearing arguments from counsel to the Osun State Government, Musbau Adetumbi (SAN), and counsel to the AGF, Chief Akin Olujimi (SAN), in the suit marked SC/CV/773/2025.
Justice Aba’aji stated, “The date for judgment in the suit will be communicated to parties.”
Osun State, represented by its Attorney General, is seeking ten reliefs against the AGF, including a declaration that the defendant is constitutionally bound to comply with the decisions of the Federal High Court and Court of Appeal affirming the existence of democratically elected local government councils in the state.
The state also asked the apex court to declare that the AGF lacks the power to withhold, suspend, or divert local government allocations without lawful justification, particularly since democratically elected councils are in place following the February 22, 2025, local government elections.
Among its prayers, Osun requested an order restraining the AGF from paying statutory allocations standing to the credit of its 30 local governments to the sacked APC chairmen and councillors whose October 15, 2022, election had been nullified by both the Federal High Court and the Court of Appeal.
The state further sought an order directing the AGF to release all withheld allocations and revenues due to the validly elected council officials who were sworn in on February 23, 2025.
During the proceedings, Adetumbi informed the court that the AGF, in a letter dated March 26, allegedly instructed the Central Bank of Nigeria (CBN) to release the funds to the sacked APC officials despite pending litigation.
“My Lords, even while this matter was before this court, the defendant attempted to destroy the res by attempting to pay the money to one of the contending parties,” Adetumbi said. “They actually paid through the CBN, but we were fortunate to obtain an order stopping the release of the funds.”
He urged the court to grant all the reliefs sought by Osun State and dismiss the AGF’s preliminary objections.
However, counsel to the AGF, Chief Akin Olujimi (SAN), urged the court to dismiss the suit for lack of merit, describing it as an abuse of court process and an act of contempt.
He argued that the Supreme Court’s jurisdiction was not properly invoked, noting that the dispute was essentially political and already pending before several lower courts.
“This is a dispute between the APC and the PDP over who should occupy local government positions in Osun State,” Olujimi submitted. “The APC elected council members for a three-year term, which is still running until October 22. Yet, the plaintiff has made it difficult for them to function, insisting that no funds be paid to the councils.”
He added that the case lacked a cause of action and that the plaintiff had no locus standi to institute the suit.
“I urge your Lordships to uphold our preliminary objections and dismiss this suit as an abuse of court process,” Olujimi said.
Earlier in the day, the apex court struck out a separate suit filed by Osun State, marked SC/379/2025, which was instituted before the AGF issued the directive for the release of the withheld funds to the sacked APC chairmen and councillors.
The apex court will communicate the judgment date to the parties in due course.
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