Why we are excited about Supreme Court’s ruling on Osun LG funds – PDP

By Joshua Oladipo

The Peoples Democratic Party, PDP, has explained why it is excited by Friday’s Supreme Court ruling on Osun state’s withheld local government allocations.

The Osun chapter of the party, in a statement by its spokesperson, Sunday Bisi, claimed the judgement “reaffirmed the rule of law” despite alleged interference.

He said the ruling exposed “unconstitutional directives” earlier issued by the AGF and Finance Ministry to pay council funds to “illegal entities”.

Bisi recalled warning that the crisis was fuelled by sacked chairmen who opened accounts “in defiance of valid court judgements”.

He said the situation worsened after the Court of Appeal affirmed the validity of the Feb. 22 council election.

“Despite this clarity, the Attorney-General still authorised payments to individuals without mandate because they were APC members,” Bisi said.

He added that the Supreme Court’s position meant the UBA accounts opened by the ex-chairmen were “inoperable and tainted by illegality”.

Bisi urged all parties to respect the judgement and avoid manipulation by “desperate elements hungry for power”.

He commended the Awotunde-led ALGON for its patience “despite stark provocations from enemies of democratic stability”.

The PDP chairman thanked residents for their support during what it called a “dark period” and urged continued faith in Gov. Ademola Adeleke.

Bisi restated that only the Feb. 22 elected chairmen, already upheld by the Appeal Court, remain legally recognised.

He warned security agencies against taking sides, saying protection for officials removed by court order “invites anarchy”.

The Supreme Court had in a split decision of six to one, on Friday struck out a suit filed by the Attorney-General of Osun against the Attorney General of the Federation (AGF) over withheld allocations due to local governments in the state.

The Apex Court held that the Osun state Attorney-General and Commissioner for Justice had no legal rights to institute the case on behalf of the 30 local governments in the state.

It held that those who won the local government election and having been inaugurated were those who can sue and be sued directly.

The supreme court also held that the federal government was wrong in withholding the local government fund adding that the action was in grave breach of the 1999 Constitution.

Justice Mohammed Idris who read the lead judgment said that the hand of the federal government was soiled in its decision to unjustly seize fund and admonished it to strictly ensure that the funds are directly channeled to local accounts.

He dismissed the AGF’s contempt allegations against Osun adding that he was in more contempt than Osun by not paying the fund as required by law.

Idris however said that since there was no evidence that Osun Attorney General was briefed by the local governments, he ought not to have filed the case on their behalf.

In a minority judgment by Justice Emmanuel Agim, he disagreed with the six other justices, holding that Osun Attorney General has the right to institute the case.

Agim said that the action of the federal government in withholding the local governments funds was in bad taste because it was capable of crippling the activities of the Councils.

(NAN)