Ozekhome Slams Withholding of Osun LG Funds, Calls AGF’s Role “Highly Political”

Senior Advocate of Nigeria (SAN), Mike Ozekhome, has raised strong objections to the ongoing withholding of local government funds in Osun State, describing the situation as “highly political.” Speaking during an interview on Channels Television’s Sunday Politics, the human rights lawyer accused the Attorney-General of the Federation (AGF), Lateef Fagbemi, of partisanship in his handling of the issue.

According to Ozekhome, the AGF acted improperly by allegedly recommending that the funds be released to All Progressives Congress (APC) officials who had already been sacked from office. He argued that such advice contradicts the principles of law and undermines the legitimacy of the newly elected local government officials.

“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.

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Ozekhome Draws Parallel with Tinubu’s Lagos Experience

The constitutional lawyer urged President Bola Tinubu to reflect on his own political history as governor of Lagos State, when his administration clashed with then-President Olusegun Obasanjo over withheld local government allocations.

He recalled that the Supreme Court, in its ruling, declared that the Federal Government had no constitutional authority to withhold funds belonging to local governments. The only caveat, the Court stated, was that Lagos could not receive allocations for additional councils it created beyond the 20 constitutionally recognized local governments.

“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,” Ozekhome explained.

By invoking this precedent, Ozekhome argued that Osun State’s case should be treated in the same way, with local government funds duly released to the legitimate elected officials.

Attorney-General’s Duty Under Scrutiny

Central to Ozekhome’s criticism is his assertion that the Attorney-General’s role is to provide impartial legal advice to the Presidency in line with constitutional principles and the public good. He expressed concern that Fagbemi’s recommendations did not align with this responsibility.

“The Attorney-General’s duty is to give proper advice and guidance, which is his role as protector and defender of the people’s interest. If he did that, I do not see President Bola Tinubu refusing to approve it. But if he gave the advice and the President ignored it, then he ought to resign,” he declared.

The SAN emphasized that the office of the Attorney-General should not be reduced to a partisan political tool but must remain a custodian of the law. He cautioned that failure to act within constitutional boundaries could deepen political tensions and erode public trust in democratic institutions.

Historical Precedents in Governance

Ozekhome also drew from Nigeria’s political history to reinforce his argument, citing the administration of former President Goodluck Jonathan. He recalled how the then Attorney-General of the Federation, Mohammed Bello Adoke, advised Jonathan on the limits of his powers during a state of emergency declared in Plateau State.

At the time, Adoke advised that while a state of emergency could be validly declared, President Jonathan did not have the constitutional authority to remove Governor Joshua Dariye. The President respected that legal advice, thereby preserving constitutional order.

“The President abided by that advice,” Ozekhome said, stressing that similar fidelity to constitutional provisions is expected of the present administration.

Newly Elected Osun LG Officials as Legitimate Custodians

Ozekhome was unequivocal in his position that the funds must be directed to the rightful local government leaders who emerged from fresh elections in Osun State. He argued that any attempt to divert funds to sacked APC officials amounts to undermining democratic processes and disregarding the will of the people.

“The newly elected councillors and chairmen in Osun, who assumed office after fresh elections, are the rightful custodians of the allocations and should receive them without delay,” he insisted.

The SAN further warned that allowing political considerations to override constitutional dictates in matters of local governance could set a dangerous precedent that threatens Nigeria’s democratic stability.

Implications for Nigeria’s Federalism

The controversy surrounding the Osun LG funds has sparked wider debate about the autonomy of local governments in Nigeria. While the Constitution recognizes local governments as the third tier of government, they have often been subjected to political interference from both federal and state authorities.

Analysts note that the current crisis highlights the urgent need for reforms that will guarantee financial and administrative independence for local governments. For many Nigerians, local government councils remain the closest institutions of governance, directly responsible for grassroots development.

Ozekhome’s intervention reflects a growing call among legal and political experts for the Presidency to respect constitutional provisions and avoid actions that could weaken Nigeria’s fragile federal system.

The dispute over Osun’s local government funds has once again brought Nigeria’s democratic values and constitutional integrity under scrutiny. With Mike Ozekhome accusing the AGF of partisanship and urging President Tinubu to remember his own past experiences with withheld allocations, the issue now sits at the heart of governance and justice.

For Ozekhome, the matter is not simply about Osun State but about preserving the principles of fairness, legality, and accountability. His message is clear: funds must go to the duly elected local government officials, not to those who have been lawfully removed from office.

As the debate continues, Nigerians await decisive action from the Presidency—an action that could either strengthen or undermine the nation’s democratic foundations.