A Senior Advocate of Nigeria (SAN), Mike Ozekhome, has characterized the withholding of local government funds for Osun State as “extremely political,” cautioning that the Attorney-General of the Federation (AGF), Lateef Fagbemi, must provide appropriate legal counsel to the Presidency regarding this issue.
“Let me clarify, it is extremely political because the Attorney-General sent a letter dated March 21 to the Minister of Finance and the Coordinating Minister of the Economy, urging the release of funds owed to the local governments for the APC officials, individuals he was well aware had been dismissed from their positions and had not been reinstated by any court of law,” Ozekhome stated.
The senior lawyer reminded President Bola Tinubu of his own legal challenges as the governor of Lagos when the then Olusegun Obasanjo administration withheld state allocations.
“The Supreme Court determined that the Federal Government could not withhold funds designated for local governments in Lagos State. All it could assert was that Lagos had 20 recognized local governments, thus the additional 47 established by the state would not receive allocations. However, the funds for the 20 had to be disbursed,” he recalled.
According to Ozekhome, the same principle should apply to the situation in Osun.
“If the Attorney-General provided sound advice and guidance, which is his duty as the protector and defender of the people’s interests, I do not foresee President Bola Tinubu rejecting it. If he did provide the advice and the President disregarded it, then he should resign,” he contended.
He referenced a situation during the Goodluck Jonathan administration when the then AGF, Mohammed Bello Adoke, advised that while a state of emergency could be declared in Plateau, the President could not remove Governor Joshua Dariye from his position.
“The President adhered to that counsel,” Ozekhome remarked, emphasizing that the elected councillors and chairmen of Osun, who are currently in office following recent elections, ought to receive their allocations promptly.
Osun’s Government Position
The dispute regarding Osun’s local government funds has intensified into a constitutional and political conflict, with the state accusing the Federal Government of unlawful appropriation, while the Attorney General of the Federation contends that Osun has failed to provide adequate accounting details and is required to reimburse previous allocations.
In early August, the Osun Government asserted that there was “no legal or political justification” for the ongoing withholding, referencing the local elections held on February 22 and a Court of Appeal ruling on June 13 that confirmed the officials elected by the PDP as the legitimate leadership.
