…Says Feb. 10 A’Court judgement reinstating APC chairmen sacrosanct

The legal firm of Kunle Adegoke & Co. has faulted the Nigerian Bar Association (NBA) over its recent call for the “Immediate release” of withheld Local Government allocations in Osun State, describing the intervention as partisan, inaccurate, and without legal basis.

In a rejoinder dated August 25, 2025, and addressed to the Attorney-General of the Federation, the firm led by Kunle Adegoke, SAN, argued that the NBA acted outside its mandate by pronouncing on a matter already before the courts.

“The NBA has no locus, no mandate, and no jurisdiction to interpret court judgments or dictate how government should act on them. Its attempt to arrogate to itself the role of a super-court is an error of law and logic,” the firm stated.

Citing a February 10, 2025, Court of Appeal judgment in favour of the All Progressives Congress (APC), the lawyers maintained that the APC chairmen and councillors elected in October 2022 remain the validly elected local government officials in Osun State.

They described the February 22, 2025, elections conducted under the Peoples Democratic Party (PDP) administration as “A nullity,” arguing that no vacancy existed at the time.

The rejoinder further dismissed interpretations that a concurring opinion in a June 13, 2025, ruling had validated the PDP-led councils, stressing that such obiter dicta carry no binding force.

“The only lawful recipients of the withheld local government allocations in Osun State are the democratically elected APC chairmen and councillors. The Federal Government must resist the creeping culture of illegitimacy,” the statement concluded.

It further criticised the NBA for setting up a committee to “review” court judgments, calling it an overreach. He stated that the NBA is a voluntary professional association with no legal standing to review judicial pronouncements or issue binding conclusions, and described the move as institutional overreach.

The law firm urged the Federal Government to ignore pressures from political actors and the NBA, insisting that due process demands the immediate release of the withheld funds to APC officials.

According to them, the APC chairmen and councillors remain the only lawful recipients of Osun’s Local Government allocations.

They urged the Attorney-General of the Federation, the Federal Government, and other stakeholders to “ignore distractions sown by partisanship and stand firmly by the law.