Only Supreme Court Can Decide On Controversy Over Withheld Osun LGs Funds – Chief Alliyu SAN

*Faults NBA press release.

By; BAYO AKAMO, Ibadan

A legal luminary, Chief Yomi Alliyu, (SAN) has declared that only the Supreme Court can decide on the controversy over the withheld Osun State local government funds.

Chief Alliyu in a statement on Saturday titled, “My response to the NBA Press Release on Osun State Local Government Fund” said “It is not the business of the Bar to write judgment and or briefs for a party that refuses to take legal steps”!

He emphasized that with the arguments for and against, only the Supreme Court can decide with finality who is right between those saying latter judgment overruled the earlier and those of us that believe that you cannot put something on nothing.

” It is not the business of the Bar to write judgment and or briefs for a party that refuses to take legal steps!. We should ask ourself why Osun State Government withdrew its case on Local Government Council funds from the Supreme Court?”, he said.

Chief Alliyu added, ” I don’t support the seizure of LG funds. It doesn’t augur well for the people of my State, Osun State. If I were to be the AGF I would have ordered the release of the money to those at the helms of affairs, which as at today are the APC members with instructions to ICPC and EFCC to follow the money and give the Chairmen close markings”.

” With this step, money will be available to run the grassroot government and benefit the good people of Osun State.Any aggrieved party will then have the opportunity to go to the relevant court to restrain me for so doing.I can assure you that no court would grant such an order. They will rather grant accelerated hearing”

Chief Alliyu (SAN) stressed ” The Hon Attorney-General of the Federation does not have any choice than to support the judgment nullifying the PDP LG since by the time the second judgment in their favour was delivered there was nothing left for the court to rule upon”

“Two questions of law follow. First, having nullified the action in the first instance was there anything for the court to preserve? In other words, can you put something on nothing? The subsequent judgment could be regarded as reached per incuriam at best. That is, the first judgment was not brought to the awareness of the Court.

” Second, the Court of Appeal cannot overrule directly or by necessary implications, its previous judgment. It can NEVER review, overrule and/or extend the application of its previous judgment otherwise it will be usurping the powers of the Supreme Court.”

The legal luminary noted, ” This serves as alternative opinion puncturing the position of NBA that the latter judgment overruled the earlier citing many cases in a press releases, but with due respect, closing its eyes on points enumerated supra.

” The law is not a one way traffic. The defendant will always have converse arguments against the Plaintiff/Claimant. The Constitution grants me freedom of speech too, even though I belong to the body of people with the highest distinctions in law, Bencher, and also Senior Advocate of Nigeria.

” The caveat is that with the arguments for and against only the Supreme Court can decide with finality who is right between those saying latter judgment overruled the earlier and those of us that believe that you cannot put something on nothing and that the CA latter judgment apart from been reached per incuriam; it operated as if the Court of Appeal overruled itself. Political solutions remain the best options!”