The Nigerian Bar Association (NBA) has threatened to sue the Federal Government over the continued withholding of the funds due to local government councils in Osun State.

In a strongly worded letter dated August 19 and addressed to the Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN), the Association described the continued seizure of the allocation as unconstitutional, illegal, and a dangerous affront to judicial pronouncements.

The lawyers’ umbrella body, while calling on the Federal Government to immediately release statutory allocations due to local government councils in Osun State, says those in authority must respect the rule of law and refrain from setting “dangerous precedent” that weakens confidence in democratic institutions.

The Association, in the letter jointly signed by its President, Mazi Afam Osigwe (SAN), and General Secretary, Mobolaji Ojibara, expressed concern over unrefuted reports that allocations from the Federation Account meant for Osun councils have been withheld since February 2025. A copy of the letter was also sent to Governor Ademola Adeleke of Osun State.

The NBA said there was “no legal justification” for the action, warning that “it cannot but constitute clear impunity were it to be true that funds meant for the LGAs are currently being seized or withheld.” Citing Section 162 of the 1999 Constitution and landmark rulings, including A.G. Lagos State v. A.G. Federation (2004), the Association stressed that the President of the Federal Republic of Nigeria has no power to suspend or withhold statutory allocations due to local governments.

The body recalled that a series of court judgements had already clarified the legal status of local government leadership in Osun State. It noted that while the October 15, 2022 elections produced All Progressives Congress (APC) chairmen and councillors, subsequent judgements of the Federal High Court, Osogbo, nullified their elections.

Although one of the rulings was later struck out on technical grounds by the Court of Appeal, the NBA emphasised that the second judgement of November 30, 2022 which also sacked the APC officials remains valid and subsisting, as subsequent appeals were either dismissed or abandoned.

Furthermore, the NBA highlighted that the Osun State High Court, in February 2025, directed the conduct of fresh elections, which were held on February 22, 2025 and won by the Peoples Democratic Party (PDP). The Association stressed that these PDP officials were “the only valid and legitimate officials” entitled to occupy council offices and, by extension, receive statutory allocations.

“It is the considered view of the NBA, supported by the correct interpretation of the relevant judgements of the Court of Appeal, that the only valid and legitimate officials who can legally occupy the elective offices in the LGAs in Osun State are those of the Peoples Democratic Party. They are, therefore, legitimately entitled to the release of the funds meant for their respective councils,” the letter stated.

The NBA also directed its National Litigation Committee and the Section on Public Interest and Development Law to begin urgent engagement with stakeholders, including the Federal Government, Osun State Government, and the National Assembly, and vowed to institute a public interest suit if the funds are not released.