Osogbo - The recent intervention of the Nigerian Bar Association (NBA) in the lingering local government crisis in Osun State has provoked strong reactions, with the opposition All Progressives Congress (APC) criticising the move, while the ruling Peoples Democratic Party (PDP) welcomed it, leaving the conflict seemingly unending.
For several months, the federal government has withheld allocations to the councils, causing all 30 local government secretariats in the state to become inactive.
The crisis originated following the purported reinstatement of APC chairmen, while newly elected PDP chairmen laid claim to control of the local governments. This dispute has drawn the attention of multiple stakeholders in the state, including the Nigeria Union of Local Government Employees (NULGE) and the Council of Obas, who have raised concerns about the continuous withholding of council allocations.
Recently, the NBA accused President Bola Tinubu’s administration of violating the Constitution and abusing the Rule of Law by allegedly withholding statutory allocations intended for Osun local governments. In a letter dated 19 August 2025, addressed to the Attorney General of the Federation, the NBA stated there was “no legal justification for the non-release of the allocations.”
The letter, signed by NBA President Afam Osigwe and General Secretary Mobolaji Ojibara, explained that “the payment of funds from the Federation Account to the local government councils in Osun State has been withheld since February 2025, despite constitutional provisions guaranteeing their financial autonomy under Section 162 of the 1999 Constitution.”
The NBA further warned that such action “would amount to a violation of the Constitution, a disregard for the Rule of Law, and an affront on clear pronouncements of the Courts.” The body added that “it cannot but constitute clear impunity were it true that funds meant for the LGAs are currently being seized or withheld,” stressing that such acts “set a dangerous precedent, weaken public confidence in democratic institutions, and embolden lawlessness at all levels.”
Citing the Supreme Court decision in A.G of Lagos State vs. A.G of Federation (2004), the NBA underlined that “the President of the Federal Republic of Nigeria has no power to suspend, withhold or direct the suspension or withholding of statutory allocations due and payable to the Local Government Councils. The only valid and legitimate officials who can legally occupy the elective offices in the LGAs in Osun State are those of the People’s Democratic Party (PDP).”
The NBA argued: “The Constitution does not and could not have intended that the Federal Government or the President has the power to direct the Minister of Finance not to release statutory allocations. Whenever there is any disagreement or dispute between the Federation and any State regarding the release of statutory allocations, the avenue provided by the Constitution are the superior courts of record.”
Reacting to the NBA’s intervention, the APC in Osun State condemned the leadership of the NBA, accusing it of acting as a “meddlesome interloper” in the dispute over local government allocations withheld by the federal government. The APC expressed disappointment in the NBA’s stance, arguing that the body has no locus to review the matter as it is not a party to the suit.
A statement signed by APC chairman Tajudeen Lawal said: “The NBA is not the Supreme Court of Nigeria and has no jurisdiction to review or interpret the judgement of the Court of Appeal. The only body that can interpret judgements and provide a final decision is the Supreme Court. We advise the current leadership of the NBA to desist from using the name of this highly respected profession for personal gain.”
The statement continued: “It is disheartening, worrisome, and shameful that the NBA, a professional body whose integrity has been questioned following controversies in its elections and the rescheduling of its annual conference from Port Harcourt to Enugu, could intervene in a matter that does not concern it in Osun State. In the first instance, the NBA is not a party to the suit and has no locus to review it. They have assumed the position of the Supreme Court, which they do not hold.”
Lawal further questioned the NBA’s claim that the court gave “tacit recognition” to Adeleke’s Local Government Council executives, saying: “There is no such concept in law. No authority has the right to act regarding local government funds except local governments themselves. Neither the Osun State Government nor the NBA has such power. The NBA cannot rewrite judicial processes or assume the constitutional role of the courts. It is also notable that the NBA leadership remained silent when one of our reinstated council chairmen, Hon Remi Abass, and other party members were attacked and killed, yet now intervenes on this matter as if it were a purely legal and neutral issue.”
The statement highlighted perceived inconsistencies in the NBA’s actions: “Recall that on 2 March 2025, the NBA criticised the Federal High Court for entertaining a suit on local government election disputes in Osun State. This gaffe may not damage the legal profession entirely, but it sends a misleading signal, especially as Governor Adeleke celebrates the NBA’s intervention as gospel truth on 20 August 2025.”
Conversely, Governor Ademola Adeleke praised the NBA and other public-spirited organisations for their efforts to prevail on the federal government to release Osun’s withheld local government allocations. In a statement signed by his spokesperson Olawale Rasheed, the Governor commended the courage and passion of groups working to uphold justice and the rule of law, noting: “We are vindicated on all fronts in our rightful claim regarding the local government crisis.”
Adeleke added: “I particularly commend the NBA leadership for setting up a committee to investigate the Osun local government issue and for releasing a report confirming there is no legal basis for the continuous withholding of Osun local government allocations. The report clearly notes that it was a court of law that removed the APC chairmen from office in 2022, not me. Following their removal, the APC chairmen filed for a stay of execution, which the court denied. I was in no way responsible for their sack. The NBA findings authenticate this reality.”
He continued: “The February 22, 2025 elections to fill the vacancies created by the judicial removal of APC chairmen were conducted under court orders. Our administration has always acted within the law and the constitution, as affirmed by the NBA letter to the Attorney General of the Federation. The NBA’s actions have clarified that the rightful elected chairmen and councillors for Osun local governments are those elected on 23 February 2025, as affirmed by the Court of Appeal on 13 June 2025. By law, PDP-elected chairmen and councillors are now the legitimate occupants of Osun local government leadership.”
Adeleke concluded: “There is therefore no legal or constitutional basis for withholding Osun local government allocations. I thank our royal fathers, Mention Musibau Adetunbi SAN, Mike Ozekhome SAN, Jacob Okutepa SAN, Ademola Oyedokun Esq, and other lovers of justice, democracy, and the rule of law for supporting and standing for truth on the Osun LG fund crisis. I again call on the Federal Government to release the seized allocations in line with the law and the constitution. We will continue to pursue justice through due process and the rule of law on this matter.”
