By Abayomi Grace
Osun State has filed a fresh suit at the Supreme Court against the Attorney-General of the Federation (AGF), Lateef Fagbemi (SAN), over the alleged unlawful withholding of statutory allocations due to its 30 local government councils since March 2025. The state is seeking multiple declarations, including a declaration that the AGF lacks constitutional power to seize local government funds, a declaration that the AGF’s actions contravene valid court judgments, and an order for the immediate release of all withheld allocations directly into the accounts of the duly elected councils.
The AGF had advised that the funds be withheld pending resolution of what he described as a “local government crisis” in a letter dated March 26, 2025. 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 2022 polls conducted under the previous administration.
The state’s suit raises several key issues, including whether the AGF is constitutionally bound to enforce judgments of the Federal High Court and the Court of Appeal. Osun State also accused the AGF of “self-induced urgency,” noting that he delayed responding to originating processes for over 80 days before filing an affidavit of urgency on August 13, 2025.
Furthermore, the state expressed concerns about the transfer of the case from Osogbo to Abuja, arguing that it “casts the lot of the court with the AGF” and risks creating a perception of bias. According to Osun State, proceeding with the Abuja case while the Supreme Court is seized of the matter could lead to conflicting judgments.
In addition to the Supreme Court suit, Osun State has also filed another suit at the Federal High Court, Osogbo, challenging the court’s decision to transfer an earlier case on the funds from Osogbo to Abuja for hearing. The state believes that the AGF’s actions are unconstitutional and that the withheld funds should be released to the local government councils without further delay.
The outcome of this case will have significant implications for the relationship between the federal government and the states, particularly with regards to the allocation and management of local government funds. Osun State’s determination to pursue this matter through the courts demonstrates its commitment to protecting the rights and interests of its local government councils.
