Osun’s Legal Misadventure: Why the State Government Is Fighting the Wrong Battle Over LG Funds — Hon. Comrade James Onifade fires bluntly

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Osun’s Legal Misadventure: Why the State Government Is Fighting the Wrong Battle Over LG Funds — Hon. Comrade James Onifade fires bluntly

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Why is the Osun Government focusing on things that are of less concern to them??

Last few days, news broke that the Osun State Government filed a 31-count charge against bank officials over the opening of accounts for the state’s 30 local government councils. While this may appear to be a bold move for accountability, one critical question demands an answer: whose job is this really?

According to the charge sheet, the state government is prosecuting the bank and its officials, with each count relating to alleged infractions involving the opening of bank accounts for local government councils. But here’s the fundamental problem: this is not the state government’s work.

The Supreme Court has spoken definitively on local government autonomy. State governments no longer have control over local government funds or affairs. So what legal or constitutional basis does the Osun State Government have to be filing charges on behalf of local governments?

Why This Approach Is Fundamentally Flawed

The recent Supreme Court judgment was crystal clear: state governments no longer have control over local government funds. So why is the state government leading this charge instead of the rightful custodians? This appears to be a classic case of fighting over spilled milk when the legal framework has already settled the matter.

The local government Houses of Assembly (HLAs), through their constitutional oversight role, and the Nigerian Union of Local Government Employees (NULGE) — representing permanent staff with tenure until retirement — are the rightful custodians who should be pursuing any irregularities or recovery efforts, not the state government. Their conspicuous silence in this matter is both deafening and troubling.

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Where Is NULGE in All of This?

NULGE, established to protect the rights and interests of local government employees and ensure proper governance at the grassroots level, has remained surprisingly quiet.

Their core mandate includes safeguarding local government autonomy and ensuring accountability in the management of council resources. In a matter as critical as this, involving the very lifeblood of local government operations, NULGE should be at the forefront, championing the cause through the HLAs and ensuring that proper legal channels are followed. Their absence from this battle raises uncomfortable questions about institutional effectiveness and political interference.

The Need for Proper Legal Strategy and Consultation

If there is genuine concern about irregularities in local government accounts, the approach being taken is woefully inadequate and legally questionable. A matter of this magnitude demands serious consultation and strategic planning:

First, retired judges within and outside Osun State with expertise in constitutional and administrative law should be consulted to map out the most effective legal pathway forward. Their wisdom and experience would provide invaluable guidance on jurisdiction, standing, and procedural requirements.

Secondly, civil society activists and transparency advocates need to be engaged from the outset. These stakeholders bring expertise in governance accountability and can help ensure the process is well-organized, properly documented, and genuinely aimed at transparency rather than political point-scoring.

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Thirdly and most importantly, the state government should be calling upon the HLAs to channel their energy toward instituting the proper court proceedings themselves. The HLAs, as the legislative arm of local government with oversight functions, have the constitutional standing and legal authority that the state government now lacks following the Supreme Court ruling.

Who Has Legal Standing? The Answer Is Clear

Are we expecting a different outcome from the same Supreme Court that has already ruled on this matter? The state government’s current approach flies in the face of settled law. The HLAs should be taking these cases to court themselves — they are, after all, the constitutionally recognized legislative authority at the local government level, working in tandem with NULGE to ensure proper governance.

The hierarchy is clear: the HLAs provide legislative oversight, NULGE represents the workforce and institutional memory of local government administration, and together, they form the proper institutional framework for pursuing accountability at the grassroots level. This is not the state government’s battle to fight, and attempting to do so only creates legal confusion and wastes precious resources.

A Dangerous Misplacement of Priorities

With the gubernatorial election scheduled for August 8, 2025, this legal adventure represents a serious misapplication of effort and resources. The PDP in Osun needs to wake up to the political reality on the ground. The grassroots are calling, and the party should be answering with campaign strategies, not courtroom dramas over funds they technically have no legal authority to pursue.

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While the government may believe it is taking a principled stand, this approach is simply not good enough. It lacks legal foundation, institutional support, and strategic coherence. All these efforts are ridicule to the party in front of the APC opposition. What exactly are we achieving here?

The proper course of action is straightforward: empower and support the HLAs to institute these proceedings themselves, with backing from NULGE and guidance from legal and civil society experts. Provide them with the resources and technical support they need, but let them lead from the front as the Constitution now demands.

PDP, the Clock Is Ticking

Election season demands grassroots mobilization, not legal theatrics that may ultimately prove futile and embarrassing. Let the local governments handle their own affairs through their proper institutional channels as the Supreme Court intended, and focus your energy where it matters most – connecting with voters and preparing for August 8.

I recognize that government is for everybody, and I genuinely want to see Osun State succeed. However, I can not hide my disappointment with how the state government is handling several matters, including the one at hand. A case that properly belongs to local government councils, to be pursued by their legislative assemblies and workforce representatives, should not be commandeered by a state government that lacks the legal standing to prosecute it.

E-signed: Hon. Comrade James Onifade
Advocate for Good Government and A Better Judicial System

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