NBA To Tinubu: Release Osun Local Govt Funds, You Have No Power To Withhold Allocations
The Nigerian Bar Association (NBA) has accused President Bola Tinubu’s administration of “violating the Constitution” and “abusing the Rule of Law” by allegedly withholding statutory allocations meant for local governments in Osun State.
In a letter dated August 19, 2025, addressed to the Attorney General of the Federation, the NBA said there is “no legal justification for the non-release of the allocations”.
It demanded the “immediate release” of the funds.
The letter was signed by Afam Osigwe, the NBA President, and Mobolaji Ojibara, the General Secretary.
According to the NBA, “the payment of funds from the Federation Account to the local government council in Osun State has been withheld” since February 2025, despite constitutional provisions guaranteeing their financial autonomy under Section 162 of the 1999 Constitution.
The Association stated that its ad-hoc committee on the Osun Local Government impasse had carefully reviewed relevant court judgments, statutes, and constitutional provisions and concluded that the withholding of the funds “will amount to a violation of the Constitution, a disregard for the Rule of Law and an affront on clear pronouncements of the Courts.”
The NBA further warned that “it cannot but constitute clear impunity were it to be true that funds meant for the LGAs are currently being seized or withheld,” adding that such action “sets a dangerous precedent, weakens public confidence in democratic institutions, and emboldens lawlessness at all levels.”
Citing the Supreme Court decision in A.G of Lagos State vs. A.G of Federation (2004), the NBA stressed that the “President of the Federal Republic of Nigeria has no power to suspend, withhold or direct the suspension or withholding… the statutory allocations due and payable to the Local Government Councils.”
The Association also drew attention to conflicting judgments arising from the October 2022 Osun local government elections. While the Federal High Court nullified the election of All Progressives Congress (APC) council officials, subsequent appeals produced a legal impasse.
However, following fresh elections conducted in February 2025, “the only valid and legitimate officials who can legally occupy the elective offices in the LGAs in Osun State are those of the People’s Democratic Party (PDP),” the NBA stated.
The letter criticised the Federal Government’s reported decision to freeze disbursements to Osun LGAs, noting that “the Constitution does not and could not have intended that the Federal Government or the President… has the power to direct the Minister of Finance not to release statutory allocations.”
The NBA emphasised that “whenever there is any disagreement or dispute between the Federation and any State with regard to the release of statutory allocations… the avenue provided by the Constitution… are the superior courts of record.”
Concluding, the NBA announced that it has directed its National Litigation Committee and the Section on Public Interest and Development Law “to urgently initiate engagement with the dramatis personae or relevant stakeholders” to ensure compliance with constitutional provisions and court rulings.
This development comes amid controversies over the non-release of state allocations.
SaharaReporters earlier reported that President Bola Tinubu ignored appeals from Osun State Governor, Ademola Adeleke, for the release of withheld local government allocations, according to top government sources familiar with the matter.
In June, Governor Adeleke paid a visit to President Tinubu at the Aso Rock Villa, where one of the key issues discussed was the suspension of local government funds to Osun.
However, sources disclosed that Tinubu reminded Adeleke that he had himself ordered the removal of local government chairmen, a decision the President suggested was tied to the withholding of the allocations.
A review of official records by SaharaReporters revealed that the outstanding funds amounted to ₦46.9 billion at the time of the report, as captured in a document released by the Office of the Accountant-General.
The breakdown shows that Osun was due to receive ₦11.9 billion in March, ₦11.2 billion in April, ₦11.7 billion in May, and ₦12.1 billion in June, but none of these disbursements have been made.
