The Nigerian Bar Association (NBA) has sharply criticised the Federal Government’s continued withholding of statutory funds intended for local government councils in Osun State, branding the action as unlawful and a violation of established court directives.
In a strongly worded letter dated August 19, 2025, sent to the Attorney General of the Federation and Minister of Justice, NBA President Mazi Afam Osigwe (SAN) and General Secretary Mobolaji Ojibara urged the government to adhere to the rule of law and desist from setting a “dangerous precedent” that could erode public trust in Nigeria’s democratic institutions.
“There is no constitutional basis for suspending or withholding local government allocations,” the letter emphasised, citing Section 162 of the 1999 Constitution alongside key legal precedents including the A.G. Lagos State v. A.G. Federation (2004) ruling.
The NBA underscored that while All Progressives Congress (APC) council officials were elected in October 2022, their victories were later nullified by the Federal High Court in Osogbo, with appeals either dismissing or upholding these judgments. The subsequent fresh elections held in February 2025 produced Peoples Democratic Party (PDP) officials who are “the only valid and legitimate officeholders entitled to receive statutory allocations.”
“The legal clarity provided by the courts firmly establishes PDP officials as the rightful occupants of local government offices with the exclusive right to access their council funds,” the association stated.
The NBA warned that continued withholding of funds breaches constitutional guarantees for local governance and financial independence found under Sections 7 and 162, urging urgent government intervention to avoid further constitutional violations and escalation of tensions.
To enforce compliance, the NBA has mobilised its National Litigation Committee and Public Interest and Development Law Section to engage relevant actors, signalling readiness to initiate public interest litigation should the funds remain withheld.
