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 intended for local governments in Osun State.
In a letter dated August 19, 2025, directed to the Attorney General of the Federation, the NBA asserted that there is “no legal justification for the non-release of the allocations.”
The Association called for the “immediate release” of the funds.
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The correspondence was signed by Afam Osigwe, the NBA President, and Mobolaji Ojibara, the General Secretary.
The NBA pointed out that “the payment of funds from the Federation Account to the local government council in Osun State has been withheld” since February 2025, despite constitutional guarantees of their financial autonomy under Section 162 of the 1999 Constitution.
The Association indicated that its ad-hoc committee on the Osun Local Government crisis had thoroughly examined relevant court rulings, statutes, and constitutional provisions, concluding that the withholding of 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 cautioned 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 actions “set a dangerous precedent, weaken public confidence in democratic institutions, and embolden lawlessness at all levels.”
Referencing the Supreme Court ruling in A.G of Lagos State vs. A.G of Federation (2004), the NBA emphasized 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 highlighted conflicting judgments stemming from the October 2022 Osun local government elections. While the Federal High Court annulled the election of All Progressives Congress (APC) council officials, subsequent appeals led to a legal deadlock.
However, following new elections held in February 2025, the NBA stated that “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 letter criticized the Federal Government’s reported decision to freeze disbursements to Osun LGAs, asserting 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 stressed 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.”
In conclusion, the NBA announced that it has instructed 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 adherence to constitutional provisions and court rulings.
This situation arises amid ongoing controversies regarding the non-release of state allocations.
SaharaReporters previously reported that President Bola Tinubu disregarded appeals from Osun State Governor, Ademola Adeleke, for the release of withheld local government allocations, according to high-ranking government sources familiar with the situation.
In June, Governor Adeleke visited President Tinubu at the Aso Rock Villa, where one of the primary topics discussed was the suspension of local government funds to Osun.
However, sources revealed that Tinubu reminded Adeleke that he had ordered the removal of local government chairmen, suggesting that this decision was linked to the withholding of the allocations.
A review of official records by SaharaReporters indicated that the outstanding funds totaled ₦46.9 billion at the time of the report, as detailed in a document released by the Office of the Accountant-General.
The breakdown indicates that Osun was expected 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 occurred.