CLARIFYING THE FACTS: A RESPONSE TO THE MISLEADING OPEN LETTER ON OSUN STATE LOCAL GOVERNMENT FUNDS
By Kunle Adegoke, SAN
In a puzzling move steeped in political drama and legal misinterpretation, a group of Peoples Democratic Party (PDP) lawmakers from Osun State recently penned an open letter to President Bola Ahmed Tinubu, GCFR. Using this letter as a foundation, the Osun State Governor has boldly declared his intent to forcibly take over the local government secretariats from duly elected officials—an alarming threat to democratic order and constitutional norms.
The legislators in question requested that the President withhold statutory allocations meant for Osun’s 30 constitutionally recognized local government councils. Cloaked in a pretentious concern for democratic ideals, their request was underpinned by a willful distortion of both legal precedent and constitutional principles. In light of these developments, there is a pressing need to correct the misinformation and reaffirm the truth grounded in law.
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Understanding the Legal Framework
The current 30 local government councils in Osun State were established through elections held on October 15, 2022. These elections, conducted in line with Section 7(1) of the 1999 Constitution (as amended), brought into office Chairmen and Councilors under the platform of the All Progressives Congress (APC). This section mandates that local governments must be elected democratically to be eligible for allocations from the Federation Account.
The Supreme Court, in a landmark ruling in Attorney General of the Federation v. Attorney General of Abia State & Others (2024) LPELR-62576(SC), reinforced this constitutional provision by explicitly barring the disbursement of federal funds to unelected or caretaker local councils.
This ruling affirms that any attempt to bypass or override the outcome of properly conducted local elections is not only unlawful but a direct affront to democratic governance.
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The Misuse of a Nullified Judgment
Contrary to the Supreme Court’s ruling and the existing constitutional framework, the PDP lawmakers have tried to discredit the legitimacy of these local councils by relying on a now-overturned Federal High Court decision (Suit No. FHC/OS/CS/94/2022), which initially nullified the October 2022 elections.
Following that judgment on November 25, 2022, Governor Ademola Adeleke unilaterally dissolved the councils—a premature move taken even before the appellate process concluded.
However, this misstep was corrected when the Court of Appeal, on February 10, 2025, reversed the Federal High Court’s ruling. The court upheld the validity of the October 2022 elections and reinstated the APC-elected local government officials, whose tenure remains legally binding until February 2028.
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Persistent Disregard for Judicial Authority
Despite the clear and binding appellate decision, the Osun State government conducted fresh local elections on February 20, 2025—an act in direct violation of the Court of Appeal’s judgment. It is the so-called winners of this unauthorized exercise that the PDP legislators now wish to install as the new custodians of local government funds, a move that defies legal and constitutional order.
Further confusion has arisen due to an obiter remark by Justice Omoleye, JCA, in a separate case heard on June 13, 2025. While her comments seemed to recognize the PDP-led elections, legal doctrine is clear: only the lead judgment carries binding authority. Remarks made in passing, no matter how eloquent, do not constitute legal precedent.
This position was reaffirmed when the appellate court refused to revisit its earlier ruling, emphasizing the finality of its February 10 judgment.
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Reinforcing Due Process and Constitutional Order
The Attorney-General of the Federation, Prince Lateef Fagbemi, SAN, has echoed this legal standpoint. In his official capacity, he affirmed that the legitimately elected Chairmen and Councilors in Osun State remain those chosen in October 2022 and reinstated by the appellate court. This authoritative clarification further underlines the illegitimacy of the PDP-led councils formed in defiance of the law.
Democracy is not merely about electoral outcomes; it rests on strict adherence to the rule of law and the authority of judicial decisions. When political actors begin to challenge final court judgments through media campaigns or executive overreach, they undermine the very foundation of constitutional governance.
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An Urgent Appeal to the President
Given these facts, the request by the PDP legislators urging President Tinubu to divert local government allocations from the rightful councils is both unconstitutional and irresponsible. It undermines the judiciary, threatens democratic stability, and encourages lawlessness.
We therefore call on the President to remain steadfast in upholding the Constitution and to ensure that all financial disbursements are directed to the legally recognized Chairmen and Councilors elected on October 15, 2022. These officials, whose tenure extends to February 2028, must be allowed to perform their duties free from unlawful interference.
This is not about party loyalty—it is about preserving the integrity of our democratic institutions.
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Conclusion
Let it be clearly stated: the existing local government structure in Osun State is both constitutionally sound and judicially affirmed. The letter submitted by PDP lawmakers is built on false narratives and legal inaccuracies. It is a dangerous precedent that, if entertained, could erode public faith in the rule of law.
Now more than ever, Nigeria must reaffirm its commitment to democratic values by respecting lawful institutions and judicial pronouncements. To do otherwise is to flirt with chaos.
Let the Constitution guide our actions. Let the courts be respected. Let democratic choices, made through free and fair elections, be upheld. And let history record that we did not remain silent in th
e face of constitutional subversion.
Kunle Adegoke, SAN
Notary Public
