The Federal High Court in Abuja has struck out the Attorney-General of the Federation (AGF), Lateef Fagbemi (SAN), from the controversial suit filed by the Osun State Government over alleged withholding of local government funds.
Justice Emeka Nwite ordered the delisting of the AGF from the matter following a notice of discontinuance filed by Osun State. The state government explained that since a related case involving the AGF is already pending before the Supreme Court, it was proper to withdraw him from the Abuja proceedings.
The AGF, through his counsel, welcomed the development but stressed that the case was of urgent public interest and should be resolved swiftly, noting that the tenure of the affected local government chairmen and councillors would expire on October 22.
However, Osun State has now filed a fresh motion challenging the jurisdiction of the Abuja division of the court. The state argued that the authority granted for the matter to be heard in Abuja during the court vacation lapsed on September 16, and therefore, the continuation of the hearing in Abuja is improper.
In its objection, Osun also questioned the legitimacy of a letter from the Chief Judge’s office which assigned Justice Nwite to the case. The letter, the state claimed, was signed by “the Personal Assistant to the Personal Assistant of the Chief Judge,” a designation Osun described as irregular and without legal authority to assign judges.
The court, after listening to all parties, adjourned the case to September 29, 2025, for hearing of Osun’s objections and other preliminary issues.
With the clock ticking towards the expiration of the tenure of the affected APC council chairmen, the outcome of the September 29 sitting is expected to set the tone for what could become a decisive legal battle over control and disbursement of local government funds in Osun State.
