The AGF made this request in response to a suit marked SC/CV/379/2025 filed before the apex court by the Osun State government through its Attorney-General.

Osun State had sued the AGF as the sole defendant, alleging that the federal government failed to release the statutory allocation due to its 30 local government councils for March, 2025.

The state government claimed that, upon enquiry, the Finance Minister, Mr Wale Edun, said he was acting under the AGF’s directive.

However, Mr Fagbemi, represented by his counsel, Mr Akin Olujimi, denied the claim.

In a counter-affidavit deposed by Mr Taye Oloyede, Special Assistant to the president, the AGF insisted that neither he nor the Minister of Finance approved the withholding of Osun LG funds.

Mr Oloyede averred that on May 22, 2025, in his presence, the Minister of Finance denied ever receiving such instructions.

According to the affidavit, Osun State has failed to provide evidence that the LG funds were deliberately withheld.

The deponents stated that direct payment of allocations to LGAs requires only that they submit account details to the Ministry of Finance.

He claimed that Osun State failed to show that its LGAs had submitted their account details to the finance ministry.

Mr Oloyede further argued that the plaintiff failed to show that it had the legal authority or consent of the LGAs to initiate the lawsuit.

In addition, the affidavit alleged that the state government intends to use the LGA allocations to fund state-level health and education initiatives in contravention of a Supreme Court judgment prohibiting states from managing LGA finances.

He also pointed out that an earlier ruling by a federal high court ruling in favour of the Osun state governor had been overturned by the Court of Appeal.

He said despite the July 11 judgement of the Supreme Court prohibiting states from handling LGA funds, Osun State continued to receive and spend LG allocations from July, 2024 to February 2025, describing the act as an “egregious contempt”.

“The only way to vindicate the authority of this court is to order the plaintiff to pay back all LG funds collected between July 2024 and February 2025.

“These should be remitted to the Minister of Finance for onward transfer to the respective local governments”, the AGF stated.

Mr Fagbemi, in a preliminary objection to the suit, said: “The plaintiff is not entitled to be heard due to contempt”.

“The plaintiff has no right of appeal against the Supreme Court’s decision. The case does not present a genuine dispute to trigger the court’s original jurisdiction under Section 232(1) of the Constitution,” the AGF stated.

“The plaintiff has no locus standi to sue on behalf of local governments. Only LGs—not state governments—can seek redress for unpaid allocations.

“If any LG has been wrongly deprived of its funds, it is the council itself—not the state government—that has the right to sue.”

Although it was gathered that Osun State has applied for withdrawal of the suit, the Supreme Court will hear the formal application in September.

He made this known through his Chief of Staff, Sulaiman Wali, who delivered a goodwill message on his behalf at the opening of the North West Zonal Public Hearing on the constitutional review, held in Kano on Saturday.

Welcoming the Senate Committee on the Review of the 1999 Constitution and other delegates to the state, the governor described the assignment as a vital step in Nigeria’s democratic advancement.

“It gives me immense pleasure to welcome you to Kano, the distinguished members of the Senate Committee on the Review of the 1999 Constitution of the Federal Republic of Nigeria, for this very important national assignment. I equally welcome the citizens and stakeholders who have visited here today to deliberate on the future of our great nation. We are particularly delighted that Kano, a state that stands tall in population, history, and political consciousness, is privileged to host this iconic event,” he said.

He noted that the public hearing comes at a critical time in Nigeria’s political development, offering an opportunity for citizens to actively shape the nation’s legal and constitutional framework.

“Today’s engagement speaks to the heart of our democratic journey as a people. It reflects not only our collective commitment at strengthening the institutions of governance but also our shared aspiration to build a more inclusive, accountable, and resilient democratic society.

“This public hearing provides a vital platform for citizens to actively participate in shaping the legal and constitutional framework that governs them, thereby reinforcing the fundamental principles of transparency, representation, and justice, which underpin any thriving democracy”, he said.

Governor Yusuf emphasized the centrality of the Constitution in nation-building, describing it as the “soul of governance.”

“The Constitution of any nation is the soul of its governance structure and processes, the compass of its justice, and the foundation upon which the collective aspirations of citizens rest. The Constitution, without doubt, defines the relationship between the government and the governed, and sets the foundation for the overall progress of the society. Therefore, reviewing it must be treated with the seriousness, fairness, and inclusiveness it deserves,” he noted.

The governor further urged that the review should be people-driven and promote equity across all sections of the country.

“It is imperative to underscore the fact that this review must, of necessity, be about creating a Constitution that works for all — North and South, men and women, young and old. It should be a vehicle that facilitates the strengthening of national unity, enhancing good governance, and fostering economic growth and development. Any amendment should, therefore, reflect the aspirations of our people and the realities of our time,” he stressed.

Quoting American jurist, Cameron Smith, the message called for deepened transparency and accountability in governance.

“We must enshrine principles that will guarantee equal opportunities, reduce tension, and promote a truly inclusive federalism,” he added.

Governor Yusuf also commended the leadership of the National Assembly and the constitutional review committee for what he called “a timely and necessary” national duty.