Prominent Nigerian lawyer and constitutional expert, Chief Mike Ozekhome (SAN), has called on the Attorney-General of the Federation (AGF), Lateef Fagbemi (SAN), to resign from office if President Bola Ahmed Tinubu continues to ignore his legal advice.
Ozekhome made the call in response to the Federal Government’s controversial decision to withhold local government funds meant for Osun State. He described the action as politically motivated and a threat to Nigeria’s democracy.
According to Ozekhome, it is unacceptable for the Federal Government to allegedly block allocations to local governments in Osun, following a recommendation by the AGF to the Ministry of Finance. The funds in question were reportedly directed towards members of the All Progressives Congress (APC) who were sacked from office in the state.
“The move is not only wrong in law but bad for democracy,” Ozekhome said. He warned that such actions set a dangerous precedent that could destabilize the local government system in Nigeria.
Ozekhome drew parallels between the current situation in Osun State and a similar one that occurred when President Tinubu was the Governor of Lagos State. At the time, the Federal Government under President Olusegun Obasanjo withheld Lagos State’s local government funds over political disagreements.
“The Supreme Court ruled then that the Federal Government had no power to withhold funds meant for local governments,” Ozekhome reminded Tinubu. “He (Tinubu) was a victim of this same illegality when he was governor. So why repeat the same mistake?”
He stressed that the law remains the same regardless of who is in power, and that political considerations should never override constitutional provisions.
Ozekhome noted that it remains unclear whether AGF Fagbemi truly advised the President to allow the funds to be withheld, or whether the President acted independently.
“If Fagbemi gave the correct legal advice and the President refused to follow it, he has no business remaining in office. He should resign,” Ozekhome said.
He added that the role of the Attorney-General is not just to serve the interests of the president but to defend the constitution and promote justice.
To further make his point, Ozekhome cited a previous case during the administration of President Goodluck Jonathan. At the time, the then Attorney-General of the Federation, Mohammed Bello Adoke (SAN), advised against removing the Governor of Plateau State even during a state of emergency. President Jonathan reportedly accepted the legal advice.
“This is how it should be,” Ozekhome stated. “When a president gets sound legal advice from his AGF, he should listen.”
The controversy began after the Federal Government reportedly directed the Ministry of Finance to release local government allocations in Osun to officials of the APC who had already been removed from office. This move has sparked outrage among legal experts and political observers who see it as a breach of due process.
In Osun State, the PDP government led by Governor Ademola Adeleke had earlier sacked the local government chairmen and councilors who were appointed under the previous APC administration. The matter is still a subject of legal contention, but Ozekhome insists that while the courts resolve the issue, the Federal Government has no right to intervene by controlling or redirecting statutory allocations.
He warned that if such actions continue, they could weaken the autonomy of states and local governments and deepen political tensions across the country.
In his final word to AGF Fagbemi, Ozekhome highlighted the importance of protecting the rule of law over political interests.
“You are not a minister of justice for the APC; you are the Attorney-General of the entire Federation,” he said. “Your job is to give objective, fair, and constitutional legal advice. And if the President won’t listen, then walk away. History will remember your courage.”
The legal expert urged the Tinubu administration to focus on strengthening institutions rather than weakening them for short-term political gains.
