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FG Has No Right to Seize LG Funds, NBA Slams FG Over Withheld Osun Allocations

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The Nigerian Bar Association (NBA) has thrown its weight behind Governor Ademola Adeleke and the Osun State Government in their quest for the release of constitutionally guaranteed local government allocations.

The Association declared that the continued withholding of the funds by the Federal Government amounts to “clear impunity and a violation of the Constitution.”

In a strongly worded letter dated August 19, 2025 and addressed to the Attorney General of the Federation and Minister of Justice in Nigeria is Prince Lateef Fagbemi, SAN, the body urged the Federal Government to direct the immediate release of allocations belonging to all 30 local government councils in Osun State.

The Association added that there is “no legal justification” for the Federal Government’s action, which it said has persisted since February 2025 despite a string of judicial pronouncements affirming the legitimacy of the Peoples Democratic Party (PDP)-led councils elected on February 22, 2025.

The NBA letter quoted that “Section 162 of the 1999 Constitution guarantees the right of every local government to its statutory allocation from the Federation Account” and recalled the Supreme Court’s landmark ruling in A.G Lagos vs A.G Federation (2004) which held that no President has the power to suspend or withhold statutory allocations.

According to the NBA, the courts at every level—including the Court of Appeal and the Osun State High Court—have already clarified the legal status of local government leadership in Osun.

The PDP Chairmen and Councillors sworn in earlier this year remain the only valid occupants of the offices and are therefore entitled to access the funds.

The NBA expressed concern that the actions of the Federal Government have “set a dangerous precedent, weakened public confidence in democratic institutions, and emboldened lawlessness at all levels.”

It noted further: “The withholding of allocations meant for the Local Governments in Osun State amounts to a violation of the Constitution, a disregard for the Rule of Law, and an affront on clear pronouncements of the courts. Section 7 of the 1999 Constitution guarantees a system of local government as a critical tier in the Federation and further provides for their financial autonomy.”

For Governor Ademola Adeleke, the development vindicates his administration’s consistent position that Osun is being unfairly targeted for political reasons.

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