Demands immediate release of allocations, threatens legal action
By Adesina Quadri Ademola
The Nigerian Bar Association (NBA) has accused the Federal Government of violating the Constitution by withholding statutory allocations meant for local governments in Osun State since February 2025.
In a letter dated August 19, 2025, and addressed to the Attorney General of the Federation (AGF) and Minister of Justice, the NBA demanded the immediate release of the funds, warning that the continued blockade undermines the rule of law and judicial authority.
Signed by NBA President, Mazi Afam Osigwe (SAN), and General Secretary, Mobolaji Ojibara, the letter stated that “withholding allocations due to the LGAs in Osun State amounts to a flagrant violation of the Constitution, an affront on court judgments, and a dangerous precedent that erodes public trust in democratic institutions.”
The row stems from the disputed October 15, 2022 local government elections, in which the All Progressives Congress (APC) secured victory. However, the polls were invalidated by two separate judgments of the Federal High Court, Osogbo, in November 2022.
The appellate process produced conflicting interpretations until February and June 2025, when the Court of Appeal dismissed APC’s bid to reclaim the councils and upheld fresh elections conducted by the Osun State Independent Electoral Commission. In those polls, held on February 22, 2025, the Peoples Democratic Party (PDP) candidates won and have since been sworn into office.
Despite this, the NBA said, the Federal Government—acting on a March 26, 2025 advisory from the AGF—continued to recognise the sacked APC officials and withheld funds due to the councils, allegedly pending the expiration of their tenure in October 2025.
Citing Section 162 of the 1999 Constitution and Supreme Court precedents, including A.G. Lagos State vs. A.G. Federation (2004), the NBA stressed that the President lacks powers to suspend or withhold statutory allocations.
“The only valid and legitimate officials who can legally occupy elective offices in the LGAs in Osun State are those of the PDP. They are, therefore, legitimately entitled to the release of the funds meant for their respective councils,” the Association declared.
The NBA said it has mandated its National Litigation Committee and the Section on Public Interest and Development Law to engage stakeholders—including the AGF, Minister of Finance, Osun State Government, National Assembly, and ALGON—in resolving the crisis.
It warned that if dialogue fails, it will institute a public interest suit “to put a halt to the continuing desecration and total disregard of the Constitution and the courts.”
