•Mike Ozekhome (SAN)
A Senior Advocate of Nigeria (SAN), Mike Ozekhome, has described the withholding of local government funds for Osun State as “highly political,” warning that the Attorney-General of the Federation (AGF), Lateef Fagbemi, must offer proper legal guidance to the Presidency over the matter.
Ozekhome, who was a guest on Channels Television last night, accused the AGF of taking a partisan position by recommending that allocations be released to sacked All Progressives Congress (APC) officials in the state.
“Let me tell you, it is highly political because the Attorney-General wrote a letter dated March 21 to the Minister of Finance and the Coordinating Minister of the Economy to release the funds due to the local governments to the APC officials, people he knew very well had been sacked from office and never reinstated by any court of law,” Ozekhome said.
The senior lawyer reminded President Bola Tinubu of his own legal battles as Lagos governor when the then Olusegun Obasanjo administration withheld state allocations.
“The Supreme Court held that the federal government could never withhold funds meant for local governments in Lagos State.
“All it could say was that Lagos had 20 recognised local governments, so the additional 47 created by the state would not receive allocations. But the funds for the 20 had to be released,” he recalled.
AGF’s Advice To Tinubu
According to Ozekhome, the same principle should guide the Osun situation.
“If the Attorney-General gave proper advice and guidance, which is his role as protector and defender of the people’s interest, I do not see President Bola Tinubu refusing to approve it.
“If he did give the advice and the president ignored it, then he ought to resign,” he argued.
He cited a case 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 office.
“The president abided by that advice,” Ozekhome noted, insisting that Osun’s elected councillors and chairmen, now in office after fresh elections, should be entitled to their allocations without delay.
Osun’s Govt Stance
The Osun LG funds dispute had escalated into a constitutional and political tussle, with the state accusing the Federal Government of illegal seizure, while the AGF insists Osun provided no proper account details and must refund past allocations.
Earlier in August, the Osun Government insisted there was “no legal or political basis” for the continued withholding, citing the February 22 local elections and a June 13 Court of Appeal judgement that affirmed the PDP-elected officials as the rightful leadership.
It also alleged the AGF acted without President Tinubu’s approval, warning that the seizure was punishing grassroots communities rather than politicians.
