The Nigerian Bar Association (NBA) has condemned the federal government for allegedly withholding statutory allocations due to local government councils in Osun State, describing the action as unconstitutional, illegal, and a dangerous affront to judicial rulings.
In a letter dated August 19, 2025, addressed to the Attorney General of the Federation (AGF) and Minister of Justice, the NBA urged the government to respect the rule of law and avoid setting what it termed a “dangerous precedent” that could erode public confidence in democratic institutions.
The letter, signed by NBA President Mazi Afam Osigwe (SAN) and General Secretary Mobolaji Ojibara, expressed concern over reports that allocations from the Federation Account due to Osun councils had been withheld since February 2025. The association warned that if true, such an action amounted to “clear impunity.”
Citing Section 162 of the 1999 Constitution and landmark court rulings such as A.G. Lagos State v. A.G. Federation (2004), the NBA maintained that the President has no power to suspend or withhold statutory allocations to local governments. The letter also noted that court judgments had already clarified the legal status of local government leadership in Osun.
It recalled that while APC officials were elected in October 2022, the Federal High Court in Osogbo nullified the elections, with subsequent appeals either upholding or not reversing the rulings. Fresh elections held on February 22, 2025, produced Peoples Democratic Party (PDP) officials, who the NBA described as the “only valid and legitimate officials” entitled to receive statutory allocations.
According to the association, withholding the funds is a direct violation of Sections 7 and 162 of the Constitution, which guarantee local government autonomy and financial entitlements. The NBA urged the AGF to intervene swiftly to prevent further constitutional breaches and possible escalation.
It further disclosed that its National Litigation Committee and the Section on Public Interest and Development Law had been directed to engage stakeholders and initiate a public interest lawsuit if the funds are not released without delay.
