•Challenges transfer of case to Abuja
Osun State Government has filed a suit at the Supreme Court of Nigeria against the Attorney General of the Federation (AGF) over the alleged unlawful withholding of statutory allocations meant for its 30 local government councils since March 2025.
In the originating summons filed on behalf of Osun State by a team of lawyers led by Mike Ozekhome and Musibau Adetunbi, the state is asking the apex court to compel the Federal Government to release all withheld funds and to stop what it described as an unconstitutional and arbitrary seizure of local government allocations.
The plaintiff, Attorney General of Osun State, argued that the AGF failed to comply with subsisting judgments of both the Federal High Court, Osogbo Division, delivered on November 30, 2022, and the Court of Appeal ruling of June 13, 2025, which recognised the local government chairmen and councillors elected on February 22, 2025.
The originating summons is supported by a 35-paragraph affidavit deposed to by the State Commissioner for Finance, Mr Ogungbile Adeola Olusola.
According to the summons, the AGF, in a March 26, 2025 letter, had advised that the funds be withheld pending resolution of what he described as a local government crisis in Osun.
However, Osun State insists that the Court of Appeal ruling settled the matter, affirming the legitimacy of the February 2025 elections, and nullifying the October 15, 2022 local government polls conducted under the previous administration.
The state is seeking multiple declarations, including that the AGF has no constitutional power to withhold local government allocations, or to act in contravention of valid court judgments. It also wants the Supreme Court to order the immediate release of all allocations withheld since March, to be paid directly into the accounts of the duly elected councils. Among its prayers, Osun is asking for a perpetual injunction restraining the AGF from withholding, suspending or seizing local government funds in the future, so long as the democratically elected councils are in place in the state.
“The seizure, suspension, withholding and/or refusal to pay the allocations and revenues due to the constituent local government councils of the plaintiff state is unconstitutional, unlawful, wrongful and ultra-vires the powers of the defendant,” part of the suit read.
The summons emphasised that by virtue of Section 7 of the 1999 Constitution (as amended), the existence of democratically elected local government councils is guaranteed, and that the AGF is duty-bound under Section 287 to enforce decisions of the courts, not undermine them.The plaintiff raised the following five issues for determination: Whether having regard to the clear and unambiguous provisions of Section 287 (2) & (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which mandates all authorities and persons, including the defendant herein, to enforce the decisions of the Court of Appeal and the Federal High Court of Nigeria, the defendant is not under a constitutional obligation to enforce/give effect to the judgment of the Federal High Court, Osogbo Judicial Division, delivered on November 30, 2022 in Suit no FHC/OS/CS/103/2022. Whether the said ruling of the Court of Appeal delivered on June 13, 2025 in appeal no CA/AK/15/2025 does not constitute a clear bar to the advice and opinion of the defendant as expressed by him in his letter dated March 26, 2025, such that the defendant ought not to have again expressed such advice and/or opinion in view of the clear pronouncement of the Court of Appeal which favours the Local Government Chairmen and Councillors elected in the plaintiff state on February 22, 2025, as against those purportedly elected on October 15, 2022.
Whether the Federation acting through the defendant in his capacity as the chief law officer of the Federation, can in any form whatsoever assume the constitutional role of this Court, as it appears to have done and/or attempted to do in an affidavit of urgency which it caused to be filed before the Federal High Court on August 13, 2025.
Whether upon being served with the ruling of the Court of Appeal delivered on June 13, 2025 in appeal no CA/AK/15/2025, which ruling constitutes the latest in time delivered by the said Court of Appeal in respect of the perceived Local Government crisis in the plaintiff state, the defendant can still continue to hold on to any perceived local government crisis in Osun State as the reason for its failure to pay the statutory allocation due to local governments in Osun State.
Upon a proper construction of Section 7(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which guarantees the existence and subsistence of democratically elected local government councils in all the states of the federation, including the plaintiff’s state, whether the act of the defendant in withholding, suspending and/or seizing the statutory allocations due to the constituent Local Government Councils of the plaintiff’s state since March 2025 till date without any lawful justification whatsoever, does not pose a threat to the existence, governance and/or subsistence of the democratically elected local government councils in place in the plaintiff’s state.
Simultaneously, the state has filed another suit at the Federal High Court, Osogbo, challenging the decision of the court to transfer an earlier case on the funds from Osogbo to Abuja for hearing. The suit, originally adjourned till November 2025, sought to stop moves by the Federal Government to pay the allocations to court-sacked All Progressives Congress (APC) council officials.
On August 25, 2025, Osun State Attorney General, through Musibau Adetunbi, filed a motion before the Federal High Court, Osogbo, seeking a stay of proceedings in the Suit No: FHC/OS/CS/94/2025 pending determination of the fresh Supreme Court case. The state warned that proceeding with the case at the lower court while the apex court was seized of the matter, could result in conflicting judgments.
In an affidavit, Permanent Secretary of the Ministry of Local Government and Chieftaincy Affairs, Olufemi Akande Ogundun, described the Federal Government’s actions on the funds as “an affront to the rule of law.”
He argued that only the Supreme Court can conclusively determine the constitutional issues raised, citing precedents such as A.G. Kano State v. A.G. Federation (2007) and RMAFC v. A.G. Rivers State (2023).
The Osun Government is also opposing a directive of the Chief Judge of the Federal High Court, contained in a letter dated August 21, 2025, transferring the case from Osogbo to Abuja to be heard by a vacation judge. In its motion on notice, the state asked the court to set aside the “purported fiat,” arguing that it violates both the court’s rules and the Chief Judge’s own vacation notice of May 28, 2025, which designated Lagos as the nearest vacation court for cases from Osogbo.
The state further accused the AGF of “self-induced urgency,” noting that despite being served with originating processes, he failed to respond for over 80 days before filing an affidavit of urgency on August 13, 2025.
According to Osun, the Chief Judge’s transfer order “casts the lot of the court with the AGF” and risks creating a perception of bias.
With the matter now before the Supreme Court, the state government has urged the judiciary to halt all lower court proceedings until the apex court resolves the substantive issues.
No date has yet been fixed for hearing of the suits.
