Published by SaharaNews247 | August 25, 2025
By: Ifeanyi Chukwu, Senior Political & Legal Correspondent
Introduction
Nigeria’s political and legal space was set abuzz after fiery human rights lawyer and Senior Advocate of Nigeria (SAN), Chief Mike Ozekhome, declared that the Attorney-General of the Federation (AGF), Lateef Fagbemi, should resign if President Bola Tinubu ignores his legal advice.
The statement, which has dominated national discussions, comes amid the controversy over the withholding of local government funds belonging to Osun State. For Ozekhome, this issue is not just about politics, but about the survival of Nigeria’s constitutional order and respect for the rule of law.
The Osun LG Funds Dispute
At the heart of the crisis is the allegation that the Federal Government withheld statutory allocations due to Osun’s 30 local government councils. While the Federal Government insists that the funds were withheld due to legal and procedural concerns, the Osun State Government maintains that the move was unconstitutional and politically motivated.
For many Nigerians, this dispute is reminiscent of the early 2000s when Tinubu, then governor of Lagos State, battled the Federal Government over withheld local government funds. Back then, the Supreme Court ruled in favour of Lagos, declaring that the Federal Government had no power to tamper with local government allocations.
It is this legal history that Ozekhome now invokes in challenging the Tinubu administration’s actions.
Ozekhome’s Position
In a recent televised interview, Ozekhome described the withholding of Osun LG funds as “highly political.” He reminded Nigerians of the constitutional guarantees for local governments and the Supreme Court precedent that clearly outlawed such practices.
He then addressed AGF Lateef Fagbemi directly, stressing that his role is to advise the President on the legal path. According to Ozekhome, if the AGF has indeed offered sound legal advice and the President chooses to disregard it, the only honorable step left for him is resignation.
The Legal Dimension
The 1999 Constitution of Nigeria provides that allocations to local governments are mandatory and must be disbursed without interference. Section 162 makes no provision for discretionary withholding, regardless of political differences between the Federal and State governments.
The 2004 Supreme Court case between Lagos State and the Federal Government remains the strongest precedent. The court ruled that the FG could not withhold local government allocations, no matter the circumstances. This ruling is the legal anchor for Ozekhome’s position.
As the chief law officer of the federation, the AGF carries the constitutional responsibility to uphold these principles. His duty is not just to the President but to the Constitution and the Nigerian people.
Political Implications
The controversy carries serious political consequences for both the Presidency and the AGF.
For President Tinubu, critics say the withholding of funds contradicts his past struggle as Lagos governor and risks damaging his federalist credentials. For AGF Fagbemi, silence or perceived complicity could undermine the independence and integrity of his office.
For Nigerians at the grassroots level, the direct impact is even clearer: withheld funds mean delayed projects, unpaid workers, and stalled development at the local government tier.
What Could Happen Next
There are three possible scenarios going forward. The courts may rule decisively, compelling the Federal Government to release the funds. Alternatively, the Presidency may opt for a political settlement by releasing the funds to ease tensions. The most dramatic outcome, however, would be an AGF resignation, which would set a historic precedent for accountability in Nigeria’s governance system.
Why This Matters
This episode goes beyond Osun State. It is a test of Nigeria’s constitutional democracy and the balance between political power and the rule of law. Ozekhome’s call for resignation, whether realistic or not, puts a spotlight on the integrity of public office and the responsibility of legal officers to act as guardians of the Constitution, not as mere political appointees.
Conclusion
The report is accurate: Chief Mike Ozekhome did call on Attorney-General Lateef Fagbemi to resign if President Tinubu ignores his legal advice on the Osun LG funds. His remarks have reignited debates about federalism, constitutionalism, and the independence of legal institutions in Nigeria.
Whether or not Fagbemi will heed this call remains uncertain, but one thing is clear — the outcome of this dispute will shape not only the political fortunes of Osun but also the credibility of Nigeria’s justice system and democratic institutions.
Author Bio
Ifeanyi Chukwu is a Senior Political & Legal Correspondent for SaharaNews247 with more than eight years of experience reporting on governance, constitutional law, and judicial affairs in Nigeria. He is a graduate of the University of Lagos (LLB) and a respected commentator on legal and political issues, frequently featured on national broadcast platforms. Contact: ifeanyi.chukwu@saharanews247.com
