SAN slams FG’s decision to send Osun LG allocations to APC secretariat, warns against subversion of court rulings

•As NULGE tasks Tinubu, others to obey latest Appeal Court judgment

A Senior Advocate of Nigeria, Mr. Musibau Adetunbi, has raised the alarm over what he described as an unconstitutional decision by some federal government officials to divert local government funds in Osun State for the use of the All Progressives Congress (APC).

Adetunbi, who leads the legal team of the state in the various legal battles besetting the administration and control of local government councils in Osun State between the ruling PDP and the APC, issued a statement on Thursday in Ibadan calling for sanity and respect for the rule of law on the vexed issues.

He described as “politically motivated and unlawful” a recent directive by the Accountant General of the Federation to the Central Bank of Nigeria to send statutory allocations of the local government councils to the APC State Secretariat in Osogbo instead of the official Ministry of Local Governments at the Osun State Government Secretariat at Abere, Osogbo.

He also asked the APC to stop using the levers of the power it has at the federal level to subvert the rule of law and twist clear judgements of the Court of Appeal which he said the APC lost.

The Senior Advocate explained in the statement that “it must be noted that even in the first judgment of the Court of Appeal which was delivered on 10th February, 2025 in APPEAL NO: CA/AK/270/2022, prayer (G) in the Amended Notice of Appeal filed on 12th January, 2023 specifically prayed thus:

“'(G) An Order restoring the Appellants back into their offices having been duly elected by the citizens of Osun State.”

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“At page 34 of the lead judgment, the Court of Appeal adopted the four issues formulated by the Appellant (APC) for consideration. Obvious from the said issues is that the issue of whether the purportedly elected officials of the APC could return back to the Local Government from which they were sacked by the Federal High Court, could only be considered under issues 3 and 4 which was formulated by the Appellant (APC) thus:

“3. Was the lower Court right to have granted the reliefs sought by the 1st respondent on the ground of non-compliance with the Electoral Act by the 3rd respondent (ground 6)?

“4. Was the lower Court right to have made a consequential order nullifying the Local Government election of 15th October, 2022 and ordering the duly elected officers to vacate their office forthwith despite such reliefs not having been sought by the 1st respondent? (Grounds 7, 8 and 9).

“It is very clear that it is only after issue (4) above is answered in the negative that the Court of Appeal could proceed to order that these purported elected officials be returned to the Local Government.

“After considering issues 1 and 2, the Court of Appeal at pages 49 and 50 of the lead judgment stated thus: ‘The lower court was clearly wrong in granting leave to amend an incompetent originating summon in such circumstances as the summons sought to be amended did not disclose any cause of action. The exercise of discretion by the lower court was wrongfully made and it is liable to be set aside. Issues one and by extension, issue two formulated by the appellants succeed and they are resolved in their favour and against the respondents. Now, since it is the position of this Court that there is no valid originating process to confer jurisdiction on the lower Court to hear and determine the claim of the 1st respondent, there is no point in considering the remaining issues. A consideration of the two remaining issues has now become an academic exercise which this Court is not prepared to venture into.”

Adetunmbi added that “the fundamental question begging for an answer is: whether a court of Law and Equity, and/or any authority whatsoever, can enforce a prayer specifically requested for but which the court found the request to be “an academic exercise”? My little knowledge of law tells me loud and clear that it is not practicable. It is not possible to enforce any prayer which its request had been specifically declared and/or adjudged as an academic exercise. If the APC believes that it was wrong for the Court of Appeal to have declared its request as an academic exercise, the proper thing to do is to go to the Apex Court and not to hold the entire State to ransom simply because today, it is the party in power at the Federal level. Certainly, after today, there will be tomorrow.

“Thus, even if one closes his eyes to the second judgment of the same Court of Appeal delivered on 13th June, 2025 and the clear pronouncements contained therein, there is nothing in the first judgment which favours the APC.

“The fact that the Accountant General of the Federation could even direct his letter of payment of statutory allocations meant for the Local Government to the APC State Secretariat in Osogbo instead of the Ministry of Local Governments at the Osun State Secretariat at Abere, Osogbo, shows beyond any iota of doubt that this is not about law and fact. For me, it is a clear act to divert the Local Government funds meant for the 30 Local Government Areas in Osun State for obvious political reasons. After all, when President Obasanjo wrongfully withheld Lagos’ Local Government money, it was not sent to the PDP.”

All the 30 local governments in Osun State have been under lock and key since February this year when a deadly tussle for the control of the councils between the parties led to the loss of several lives.