Open Letter to AGF Lateef Fagbemi

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The Honourable Attorney-General of the Federation and Minister of Justice
Prince Lateef Olasunkanmi Fagbemi, SAN
Federal Ministry of Justice
10th Floor, Federal Secretariat, Wing 1B, Block One
Shehu Shagari Way, Abuja, Nigeria

Sir,

OPEN LETTER: A CALL FOR IMMEDIATE RELEASE OF STATUTORY ALLOCATIONS TO LAWFULLY ELECTED OSUN STATE LOCAL GOVERNMENTS.

I write as a concerned citizen and social crusader committed to the rule of law, and democratic governance in Nigeria, his open letter addresses the ongoing crisis regarding the withholding of statutory allocations due to the 30 Local Government Councils in Osun State, amounting to over One Hundred and Thirty Billion Naira (₦130,000,000,000), following the 22 February 2025 elections conducted pursuant to court order (HIL/M.19/2025, PDP v. OSIEC & Ors).

It is imperative to remind all parties, including the Federal Government, that these councils are lawfully constituted. They were elected after the nullification of the 15 October 2022 “Yes or No” election, which was declared invalid, unconstitutional, and void by the courts in FHC/OS/CS/103/2022, APP v. INEC & Ors.

Chronology of Relevant Legal Actions in the local Government crisis.

1. FHC/OS/CS/94/2022 — PDP v. INEC & Ors (2022)
Purpose: Challenge the legality of the 15 October 2022 election.
Outcome: Suit dismissed on technical grounds; no validation of the election.
Court’s Position: Did not uphold or legalize the election.

2. FHC/OS/CS/103/2022 — APP v. INEC & Ors (2022)
Purpose: Challenge the legality of the 15 October 2022 “Yes or No” election under OSIEC.
Outcome (30 November 2022): Nullified the election; declared it void; ordered all beneficiaries to vacate office.
Court’s Position: Created vacancies in all local governments; judgment remains binding.

3. CA/AK/226M/2024 — APM & Ors v. APP & Ors (2024)
Purpose: Appeal against the nullification of the 15 October 2022 election.
Outcome: Dismissed on procedural grounds; Federal High Court judgment intact.
Court’s Position: Did not reinstate any chairmen; nullification upheld.

4. Unpublished PDP Appeal (Late 2024 / Early 2025)
Purpose: Appeal FHC/OS/CS/94/2022 dismissal, seeking validation of the 15 October 2022 election.
Outcome: Court of Appeal did not reinstate the “Yes or No” chairmen.
Court’s Position: Nullification judgment remains subsisting.

5. HIL/M.19/2025 — PDP v. OSIEC & Ors (2025)
Purpose: Compel OSIEC to conduct lawful Local Government elections.
Outcome: Court ordered fresh elections, which led to the 22 February 2025 elections and swearing-in of chairmen/councillors on 23 February 2025.
Court’s Position: Recognized vacancies and affirmed nullification of the 2022 election.

6. FHC/OS/CS/147/2025 — APC Chairmen v. FG, IGP, Adeleke & Ors (2025)
Purpose: Sought tenure extension and protection to remain in office.
Outcome: No court granted tenure extension.
Court’s Position: Tenure expired; no reinstatement; courts cannot extend expired mandates.

7. SC/CV/775/2025 — Osun AG v. AGF (2025)
Purpose: Challenge withholding of Local Government allocations by federal authorities.
Outcome: Supreme Court addressed fiscal dispute; did not invalidate February 2025 elections.
Court’s Position: Lawfully elected councils recognized; nullified 2022 election remains void.

Despite the clarity of these judgments, reports indicate that the Accountant-General of the Federation and the Ministry of Finance, allegedly acted on your advice of the Honourable Attorney-General of the Federation and Minister of Justice
Prince Lateef Olasunkanmi Fagbemi, SAN to withheld statutory allocations to the legally constituted councils. To me his action:

1. Undermines the constitutional autonomy of local governments.
2. Disrupts grassroots governance, delaying salaries of teachers, health workers, council staff, and retirees
3. Contradicts court-ordered February 2025 elections and violates the principles of federalism.
4. Politicizes the law, setting a dangerous precedent where partisan considerations override judicial pronouncements.

As the nation’s chief law officer, I respectfully urge that you:

1. Review and rescind any prior advisory directing the withholding of statutory allocations from the February 2025 local government councils in Osun State.

2. Ensure the immediate release of the withheld funds into the lawful accounts of the councils.

3. Adhere strictly to judicial pronouncements, preventing the use of federal authority to manipulate or politicize lawful governance structures.

In Conclusion
The courts have spoken clearly: the 15 October 2022 “Yes or No” election is void, and the February 2025 elections are lawful. The continued withholding of statutory allocations is unlawful, unconstitutional, and politically motivated. Your intervention is urgently required to uphold the Constitution, restore justice, and safeguard democracy in Osun State.

I trust that your office will act promptly to correct this anomaly and ensure the rule of law and constitutional governance are respected.
THANKS IN ANTICIPATION

Emmanuel Aiyedun Olowu
Public Analyst & Social Crusader
07068774059
27th January 2026

Note: This open letter is intended to call the attention of the Attorney-General of the Federation to the seven cases shaping the Osun Local Government crisis and to inform the public of the factual and legal truth.

All lovers of democracy, regardless of political affiliation, are encouraged to be objective and uphold the Constitution.

Further note that my vision is to Educate, Documents and Advocate.