Alex Enumah in Abuja 

The Supreme Court of Nigeria on Tuesday, reserved judgment in a suit filed by the Osun State Government challenging the legality of the Attorney General of the Federation’s (AGF) release of the withheld funds belonging to the state’s local government area councils to the alleged sacked chairmen and councillors of the All Progressives Congress (APC).

A seven-man panel led by Justice Uwani Aba’aji announced that the panel’s decision has been reserved and would be communicated to parties, shortly after lawyers representing parties in the suit identified and argued their brief of arguments for and against the suit.

While Musbau Adetumbi (SAN) argued the case of the Osun State Attorney General, who is the plaintiff, that of the AGF, who is the sole defendant was argued by Chief Akin Olujimi (SAN).

The plaintiff, in the suit marked: SC/CV/773, is seeking an order of the apex court directing the AGF to immediately release the statutory allocations to the chairmen and councillors validly elected for the 30 local government areas of the Osun State.

The plaintiff is also seeking another order barring the AGF from further withholding, suspending or seizing monthly allocations and revenues standing to the credit of the constituents local governments, having democratically elected chairmen in place.

The grouse of the Osun Attorney General was that, the AGF was wrong in his letter recognizing APC council chairmen when the matter was pending before court of records.

He also predicated his case on the ground that the election that brought in the APC officials as local government chairmen and councilllors had been nullified by a Federal High Court and upheld by the Court of Appeal in Abuja.

Adetumbi, while presenting the case of the plaintiff, pleaded with the apex court to uphold his arguments and grant all the reliefs sought by his client.

The senior lawyer informed the court that while the matter was pending at the apex court “the defendant attempted to destroy the res” by making payment to one of the contending parties (APC chairmen and councillors) through the Central Bank of Nigeria (CBN).

Adetunbi however added that the plaintiff had approached a High Court in Oyo State, which then issued an order restraining the bank from releasing the monies to the APC chairmen and councillors.

He therefore urged the court to disregard the submissions of the defendant and grant all the reliefs sought in his originating summons.

However, in opposition, the AGF represented by Olujimi argued a preliminary objection where he urged the apex court to dismiss the case of the plaintiff on various grounds.

Among others, Olujimi argued that the plaintiff lacked locus standi (legal power) to bring the case before the Supreme Court to invoke the original jurisdiction because the matter is between two political parties. 

He also contended that the apex court lacked jurisdiction to entertain the suit because the suit was not competent to be presented directly to the apex court as done by the plaintiff.

Other grounds on which the defendant wants the apex court to dismiss the suit include failure to disclose cause of action, absence of locus, as well as abuse of court processes.

The defendant further drew the attention of the apex court to the fact that the tenure of the council chairmen and councillors is still running and would come to an end by October 22, this year.

He therefore urged the court to refuse granting reliefs sought by the plaintiff and dismiss the suit in its entirety.

After listening to all parties, Justice Abaaji announced that judgment has been reserved and would be communicated to parties.

​