The federal government’s decision to seize allocations meant for local government areas in Osun State over council polls stands in stark contrast to its silence on the sacking of democratically-elected council chairmen in Edo State, Davidson Iriekpen writes
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Since the local government elections in Osun State in February, the councils have been underfunded following an appeal by the All Progressives Congress (APC) to the federal government to withhold funds due to them from the Federation Account.
APC had condemned the local government elections, alleging that they were illegally conducted by the Peoples Democratic Party (PDP)-led administration of Governor Ademola Adeleke.
They also accused the governor of violating his oath of office by conducting the polls and colluding with his party to disrupt peace by refusing to comply with the February 10, 2025, Court of Appeal ruling that ordered the reinstatement of the sacked elected local government officials.
The state government and the PDP, however, countered the APC argument, pointing at a case the APC lost at the same Federal High Court, the appeal on which was dismissed by the Court of Appeal on January 13, 2025 for lack of diligent prosecution.
They added that the state Independent Electoral Commission conducted another election on February 21, 2025, where a new set of LG officials emerged.
Despite the appeal by the state chapter of the Inter-Party Advisory Council (IPAC) to the federal government not to heed the plea of the APC, it has since withheld the February, March and April allocations of the local governments, while that of May has not yet been determined.
Currently, the state government has dragged the federal government to the Supreme Court to seek an order to release the seized funds and restrain it from further withholding the funds.
It argued that based on a proper interpretation of Section 7(1) of the 1999 Constitution (as amended)—which guarantees the existence of democratically-elected local government councils in all states—the federal government’s act of withholding or seizing statutory allocations due to the councils, without justification, threatens their existence and therefore violates the clear provisions of the Constitution.
The state cited the Supreme Court judgment in the dispute between the Lagos State government and the federal government, where the court declared that the withholding of the allocations to the state was illegal and unconstitutional.
Besides, many believe the federal government’s decision to withhold allocations to local councils in Osun contrasts sharply with its inaction in Edo State, where despite the sack of democratically-elected local government executives, allocations continue to flow. This disparity has led to allegations of double standards against the APC-led federal government, which is also accused of bias, hypocrisy and inconsistency.
Recall that shortly after assuming office, Governor Monday Okpebholo, acting on the advice of the Edo State House of Assembly, suspended all 18 local government chairmen and their deputies for what was supposed to be two months over alleged insubordination. But unfortunately, this has become forever.
Before then, Okpebholo had petitioned the state assembly, accusing the chairmen of refusing to submit financial records of their respective councils to the state government—an act he described as gross misconduct and insubordination.
The state assembly subsequently ordered the suspended officials to hand over to the legislative leaders of their local governments.
The suspension was seen as a blatant disregard to both the ruling of the Chief Judge of Edo State, Justice Daniel Okungbowa, and the Supreme Court judgment in a suit filed by the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, which reaffirmed absolute autonomy and independence of local governments as guaranteed by the 1999 Constitution.
Ironically, among the first to react to the action was Fagbemi himself who unequivocally declared the action illegal and unconstitutional.
Speaking in Abuja on December 19, 2024, the AGF stated that the actions of the Edo State government violated the autonomy granted to LGAs by the Supreme Court’s landmark judgment of July 11, 2024. He stressed that removing from office or suspending any elected official of the local government in the country is the prerogative of councillors in the said LGA and not state assemblies.
“One thing that I know and can say without fear is that under the present dispensation, no governor has the right to remove any local government chairman. That much I know. If I did not know before, since July 11, 2024, I became aware that removal of any local government chairman or official would be the prerogative of that local government, through their legislative house,” the AGF stated.
However, the state government berated the AGF, saying that Governor Okpebholo and the state assembly have the power to remove local government officials from office.
“Financial autonomy is about giving them access, but that does not mean state governments do not have control over how they use that money. The Supreme Court cannot amend the Constitution. Lateef Fagbemi might be the law officer of the federation, but he does not represent the constitution of the country and he does not represent other laws made validly under the provisions of the constitution by the Edo House of Assembly.
“The House of Assembly has the powers to oversee the activities of the governor, and similarly, the governor has the right to exercise oversight over local government chairmen. The current constitutional construct recognises a two-tier federal design. It is clearly stipulated in the Constitution,” the state government insisted through a statement by the Chief Press Secretary to the Governor (CPS), Fred Itua.
As the controversy raged, a High Court in Benin City, presided over by Justice Efe Ikponmwonba, ruled in a suit filed by the suspended chairmen, ordering that they should return to office. However, the state government felt unconcerned and ensured that the suspended local government officials did not return to office.
Despite various court judgments ordering the reinstatement of some of the council chairmen, the state government has not complied as Governor Okpebholo has since gone ahead to handpick leaders to head the councils in clear violation of the Supreme Court decision.
The question agitating the minds of many Nigerians is: Why did the APC-led federal government seize the statutory allocations of Osun LGAs and allow those of Edo State, which are being run by non-democratically elected officials to receive their allocations?
This is why many have condemned the decision by the federal government to withhold the Osun State local governments’ funds, holding that it does not only amount to hypocrisy but also shows its bias, inconsistency and double standard in applying the rules.
The federal government must be fair and just to all the states irrespective of party affiliations. Its action in Osun State lacks any known judicial backing.
Already, the Osun State PDP has described the federal government’s action as politically-motivated, and called on Fagbemi to rise above personal and partisan considerations, and act as the guardian of justice and fairness for all Nigerians, regardless of party affiliation.
The party added that since Fagbemi had previously served as lead counsel to former Governor Gboyega Oyetola, a known political enemy of Governor Adeleke, the AGF ought to recuse himself from any matter directly or indirectly affecting the political ecosystem of the state, and allow the law courts to decide as appropriate.
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