Oshoma Criticizes Withholding of Osun LG Funds as Unjust and Legally Ignorant

Liborous Oshoma, a prominent human rights lawyer, has sharply criticized the continued withholding of local government allocations in Osun State, branding it as a situation characterized by 'high-handedness' and 'legal ignorance' on the part of both state and federal authorities. This comes despite the Supreme Court’s affirmation of local government autonomy.

In an interview with ARISE News on Monday, Oshoma expressed his concerns regarding the freeze on local government funds, which has persisted for nearly a year. He highlighted that this decision is not only legally indefensible but also poses significant risks to the political landscape.

Oshoma articulated, "This situation reflects a severe disregard for constitutional norms by state actors, particularly the governor, and an irresponsible inaction from the Attorney-General. The lack of legal awareness displayed here is troubling."

Oshoma further emphasized that even with the assertion that the terms of the implicated local government officials were prematurely cut short, the necessary legal protocol was evident.

"If there were any legitimate concerns regarding the tenure of the local government officials, the most logical action would have been to pay their salaries and allowances, subsequently allowing for fresh elections to take place," he explained.

He criticized the state Attorney-General for not taking the necessary legal steps following a recent Court of Appeal ruling on the matter.

"The Attorney-General ought to have acted decisively rather than merely sitting idly by, waiting for some unexplained intervention," he noted.

The lawyer went on to point out that after the ruling from the appellate court, which deemed the party’s case as premature, the governor should have sought a Supreme Court ruling for any order that would have enabled legitimate action.

Oshoma highlighted the complications arising from multiple court cases surrounding the issue and noted that the failure to appeal one of the rulings was detrimental to the state’s position.

"The situation in Osun involves two significant cases: one initiated by the PDP, which was vacated by the Court of Appeal, and another by the APP, which was never contested. Holding on to the belief that the Court of Appeal's ruling dismissed the former case caused a crucial oversight, as another related suit remained unresolved," he explained.

He affirmed that the Attorney-General neglected to recognize the complexities raised by these legal challenges.

"Given these developments, one would expect the Attorney-General to acknowledge the legal quagmire faced, yet there was a blatant ignorance shown as if he were wandering aimlessly through the complexities," he stated.

Furthermore, Oshoma cast blame on the governor for relying on ineffective legal counsel, stating, "Instead of seeking a resolution through the Supreme Court, the governor was erroneously seeking guidance from the very Attorney- General acting counter to his interests."

Calling on President Bola Tinubu to step in, Oshoma argued that the persistent withholding of funds contravenes constitutional provisions and endangers democratic practices.

"President Bola Tinubu, having experienced similar unfairness during his tenure as a governor, lacks the moral or legal basis to allow the ongoing withholding of funds that are rightfully due to Osun," he said, referencing Section 162(6) of the 1999 Constitution.

He proposed a direct course of action.

"Regardless of the existing tensions or political maneuvering, the most prudent step is to remit the funds owed to the former council officials and initiate a clean political process thereafter," he asserted.

According to Oshoma, this scenario underscores a deeper systemic issue affecting Nigeria’s federal structure.

"These issues arise because we have a weak federal system, where local governments depend heavily on federal distributions rather than generating their own revenue," he concluded, stressing that the current approach to governance punishes ordinary citizens rather than the political elite.

"Ultimately, the ones who bear the brunt of this situation are the everyday citizens of Osun, not those in power," Oshoma emphasized.

He urged for an immediate release of the funds by the President, proposing, "President Tinubu has the authority to instruct the Finance Minister and the Central Bank to disburse the allocations meant for these local governments and seek a political resolution afterwards."

Oshoma remarked on the necessity for upholding democratic principles, stating, "It is untenable to advocate for democracy while simultaneously denying the funds meant for local governance."