The government stated that the move disregards ongoing litigation at the Supreme Court over the funds, which amount to tens of billions of naira intended for the 30 local government councils of the state.
The Osun State government has raised an alarm over attempts by the Minister of Finance, Wale Edun, to seek presidential approval for the release of withheld local government funds into accounts operated by sacked All Progressives Congress (APC) chairmen and councillors.
The government stated that the move disregards ongoing litigation at the Supreme Court over the funds, which amount to tens of billions of naira intended for the 30 local government councils of the state.
In a letter signed by Musibau Adetunbi, counsel for the state, and addressed to the Minister of Finance, Osun accused Edun of writing to President Tinubu despite pending legal challenges.
“It is inconceivable that you would ask His Excellency, the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, to authorise the release of funds, which are under legal dispute, to these court-sacked chairmen and councilors,” the letter read.
“Instead of seeking an approval to do what is wrong, it is our counsel that you use your office to properly and faithfully apprise Mr President of the true position of the law.
“Sir, if it is true that you have indeed written to Mr. President to approve payment of the Local Government funds to these court-sacked APC Chairmen and Councilors prior to the determination of the dispute between the parties across the divide by the Apex Court of the land, then such an action is not only a mockery of the administration of justice but also a mockery of all the authorities of the nation, including that of Mr. President himself.”
“It will be a grievous assault on the rule of law. In the absence of the rule of law, sir, what takes over is what no one desires. This is why, in saner climes, the rule of law is jealously protected,” the letter said.
The letter noted that judgments of the Federal High Court and Court of Appeal had removed the APC chairmen and councillors from office, and the rulings remain unchallenged.
It stressed that the withheld funds belong to the people of Osun State, including “teachers, health workers, pensioners and other government workers whose salaries must be paid from the funds”.
It noted that the “money is not for politics and should not be paid to politicians who have been lawfully sacked by the courts”.
The government also urged the minister to ensure Osun councils are treated like their counterparts in the other 35 states, who continue to receive their monthly allocations through state-local government joint accounts.
According to the counsel, proceeding with the disputed payment would amount to “a grievous assault on the rule of law” and urged Edun to withdraw any letter already sent to the president.
“It is on record that, as of today, the Federation is in possession of tens of billions of naira belonging to the 30 local government councils of Osun State.
“These billions, we repeat, are for the wellbeing of the people, not money that politicians can whimsically appropriate to settle political associates and followers,” the letter added.
The legal team appealed to the finance minister to “allow the court to discharge its duties unhindered” while the matter remains pending at the Supreme Court.