The Nigerian Bar Association (NBA) has berated the federal government over its continued withholding of statutory allocations meant for local government councils in Osun State.
The association described 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 refrain from setting what it called a “dangerous precedent” that could erode public confidence in democratic institutions.
The letter which was signed by NBA President Mazi Afam Osigwe (SAN) and General Secretary Mobolaji Ojibara, raised concerns over reports that allocations from the Federation Account due to Osun councils had been withheld since February 2025. The association warned that the action, if true, amounted to “clear impunity.”
Citing Section 162 of the 1999 Constitution and key court rulings, including A.G. Lagos State v. A.G. Federation (2004), the NBA stressed that the President has no power to suspend or withhold statutory allocations due to local governments. The letter noted that court judgments had already clarified the legal status of local government leadership in Osun.
While APC officials were elected in October 2022, the Federal High Court in Osogbo nullified their elections, and subsequent appeals either upheld or did not overturn these rulings. The NBA highlighted that fresh elections held on February 22, 2025, produced Peoples Democratic Party (PDP) officials, who are the “only valid and legitimate officials” entitled to receive statutory allocations.
“It is the considered view of the NBA, supported by the correct interpretation of the relevant Court of Appeal judgments, that PDP officials are legally entitled to occupy local government offices and access the funds due to their councils,” the letter stated.
The association warned that withholding the funds violates constitutional provisions under Sections 7 and 162, which guarantee a system of local government and financial autonomy. It urged the AGF to act promptly to prevent further constitutional breaches and avoid escalation. The NBA also directed its National Litigation Committee and the Section on Public Interest and Development Law to engage with stakeholders and promised to institute a public interest lawsuit if the funds are not released.
