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Kaothaj_

9 months ago

Court Strikes Out Osun AGF Suit On Local Government Allocation

OSUN LG TUSSLE: SUPREME COURT JUDGMENT

Ration 1.LG statutory allocations to be paid directly to LGAs

Lg Autonomy has come to stay.

Ration 2:Each 3 tier of Govt in Nigeria ,Federal, State and Local is autonomous and independent of one another.

Ratio 3: LGAs have exclusive power over their fund without interference from the State Government.

Supreme Court:

If any entity has grievances on the non release of the local government, it should be local government councils and not the state. The local government has right to sue and be sued as provided by the constitution.

On the ground, the plaintif case is hereby dismissed and it is struck out.

Ratio 4: The Plaintiff, AG of Osun lacks locus standi to institute the action to invoke the original jurisdiction of the Supreme Court as there is no dispute between the Federal Government and the Osun State Governmt. The case is incompetent and hereby stuck out.

Adeleke's counsel has lost their case in the Supreme Court of justice

Ratio 5: Osun LGAs are autonomous entities that ought to have filed the case themselves in an appropriate High Court. AG of Osun is a meddlesome interloper and lacks locus standi to invoke SC original jurisdiction. LGAs are autonomous and Osun State Government and its AG cannot file this action.

Ratio 6: The Federal Government is directed to remit all LG funds throughout the Federation to all LGAs nationwide—failure to do so amounts to disobedience of the rule of law. The case is hereby struck out. 6 of 7, the full Panel agreed, and only one dissented.

Dissenting judgment by Hon.Justice Agim being read now. Note,a dissenting judgment is not a biding judgment and has no force of law.

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