Nigerian Bar Association Demands Release of Statutory Allocations for Osun State Local Governments

Strategic Insights -

The Nigerian Bar Association has written to the federal government, urging the immediate release of statutory allocations due to local governments in Osun State. The association has threatened to take legal action, describing the continued withholding of funds as unconstitutional and a violation of the rule of law. This demand comes after a Court of Appeal ruling in February, which nullified the judgment of the Federal High Court that led to the dissolution of elected local governments and their replacement with caretaker committees. The association argues that the withholding of allocations is a disregard for the constitution and the rule of law, and sets a dangerous precedent for lawlessness.

Key Takeaways:

  • The Nigerian Bar Association has called on the federal government to release statutory allocations due to local governments in Osun State, describing the withholding of funds as unconstitutional and a violation of the rule of law.
  • The association referenced a Court of Appeal ruling that nullified the judgment of the Federal High Court, which led to the dissolution of elected local governments and their replacement with caretaker committees.
  • The federal government has allegedly withheld statutory allocations meant for the councils since the February 22 elections, where PDP candidates defeated APC aspirants.
  • The NBA cited the Supreme Court's decision in Attorney General of Lagos State v. Attorney General of the Federation (2004) to stress that the president lacks the power to suspend or withhold funds due to local councils.
  • NULGE (Nigeria Union of Local Government Employees) has accused the federal government of plotting to release the withheld allocation to APC chairmen elected in Osun State.
  • The dispute over the councils in Osun dates back to the October 15, 2022, local government elections, which were nullified by the Federal High Court in two separate judgments delivered on November 25 and November 30, 2022.

Statistics:

  • February 2023: Court of Appeal ruling nullified the Federal High Court judgment
  • November 25, 2022: Federal High Court delivered judgment that led to the dissolution of elected local governments
  • November 30, 2022: Federal High Court delivered second judgment related to the dissolution of local governments
  • October 15, 2022: Local government elections conducted in Osun State under former Governor Gboyega Oyetola

Sources:

  • Court of Appeal ruling, February 10, (mentioned in the original text, no URL available)
  • Supreme Court decision in Attorney General of Lagos State v. Attorney General of the Federation (2004), (reference not available online)
  • Nigerian Bar Association (letter signed by President Afam Osigwe and Secretary General Mobolaji Ojibara)
  • Daily Trust news article, (no URL available)
  • NULGE (Nigeria Union of Local Government Employees) press conference statement, (no URL available)