Osun drags FG through the Supreme Court for the allocations withheld

The State Government of Osun integrated into the Supreme Court against the Prosecutor General of the Federation, Lateef Fagbemi (San), for the alleged illegal deduction of legal allocations due to his 30 councils of the local government since March 2025.

The cause submitted on Monday comes months after the state government submitted a application to withdraw a previous one submitted against AGF on the subject.

In the original convocations presented on Monday, the state, through its attorney general and a legal team led by Mike Ozekhome (San) and Musibau Adventiti (San), asks the apical court to force the federal government to release all the seized funds and to stop as “a” non -monbito pension “.

The Osun AG claimed that the AGF had ignored subsisting judgments of the Federal High Court, Osogbo (delivered on November 30, 2022) and the Court of Appeal (13 June 2025), which affirmed the legitimacy of the presidents and councilors of the Council elected on February 22, 2025.

The state said that AGF, in a letter dated March 26, 2025, recommended that the funds are detained pending the resolution of a “local government crisis”.

But the state government claimed that the sentence of the Court of Appeal had already resolved the matter, canceling the surveys of October 2022 conducted under the previous administration.

Among its findings, Osun is trying declarations that AGF does not have the constitutional power to seize the funds of the local government, that its actions contravene to valid judicial judgments and that all the assignments withheld will be issued directly in the accounts of the duly elected councils. It also wants a perpetual injunction that limits future convulsions.

“The kidnapping, suspension, deduction and/or the refusal to pay allocations and revenue due to the advice of the local government of the actor’s state … It is unconstitutional, illegal, unjust and ultra vires the powers of the accused”, part of the acting cause.

The State also raised five issues for the determination of the Supreme Court, included if the AGF is constitutionally tied pursuant to section 287 of the 1999 Constitution (as amended) to enforce the judgments of the Federal High Court and the Court of Appeal and if its directive of March 26, 2025 to retain the funds can be faced with the appeal judgment.

At the same time, Osun fought another case at the High Federal Court, Osogbo, contesting the decision of the chief judge to transfer a previous case on the same funds from Osogbo to Abuja for the hearing from a holiday judge.

The state warned that proceeding with the Abuja case while the apical court is seized by the matter could involve conflicting judgments.

In a sworn declaration, the permanent secretary of the Ministry of the Local Government and the Affairs of Chieftancy, Olufemi Akande Ogundun, described the actions of the Federal Government as “an affront in the rule of law”, insisting on the fact that only the Supreme Court can conclude the constitutional issues conclusively.

He mentioned precedents such as AG Kano State v. AG Federation (2007) and RMAFC v. AG Rivers State (2023).

The State also accused the AGF of “self -induced urgency”, noting that it delayed the response to the processes of origin for over 80 days before submitting an urgent security declaration on August 13, 2025.

He claimed that the transfer order of the chief judge “launches the court of the Court with the AGF” and risks creating a perception of prejudice.

No date has yet been set for the hearing of the suits.

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