A Senior Advocate of Nigeria and counsel to the Osun State Government in the protracted legal battle over local government funds, Musibau Adetunbi (SAN), has declared that Nigeria is yet to truly subject itself to the principles of the rule of law.
Speaking during an interview with selected journalists in Ibadan, Oyo State, Adetunbi gave a detailed update on the lingering crisis over local government administration in Osun State, describing the situation as a “man-made crisis” fueled by political interests rather than constitutional legitimacy.
“The Crisis Is Artificial”
Adetunbi maintained that there ought not to be any crisis in Osun State regarding local government funds if public officials had adhered strictly to court decisions and constitutional provisions.
According to him, two separate judgments of the Federal High Court nullified the local government elections conducted during the administration of former Governor Gboyega Oyetola. He explained that while one of the judgments was later set aside by the Court of Appeal on technical grounds, specifically on the timing of filing — the other judgment remains valid and subsisting.
“The one that was set aside was dismissed on technical grounds because the suit was filed earlier than it ought to have been filed,” he said.
“But the second judgment, which nullified the election, was not set aside. Yet, those affected continue to insist they are entitled to remain in office.”
Adetunbi revealed that when the matter reached the Supreme Court, the apex court held that the Attorney-General of Osun State lacked the locus standi to pursue the matter in that particular form, effectively striking out the case. However, he stressed that this did not validate the continued stay of the affected local government officials in office.
Tenure Controversy and Legal Questions
The senior lawyer further questioned the legal basis upon which the embattled local government officials continue to occupy their positions.
He disclosed that an affidavit had been filed before the Supreme Court claiming that the officials were entitled to a three-year tenure. According to him, even a communication from the Office of the Attorney-General of the Federation indicated that such tenure would have expired by October 2025.
“My question is simple,” Adetunbi said. “If their tenure has expired, what are they still doing there? Where is the court order directing that they remain? If they claim to have a matter pending in court, has any court granted their prayer to stay in office?”
He insisted that the Osun State Government’s position remains that the officials have no lawful backing to continue in office and that the matter currently before the Federal High Court will ultimately determine their status.
The case, he disclosed, is expected to come up again in early March, after which the court will decide whether the officials can lawfully remain or must vacate their positions.
Fiscal Federalism and Selective Compliance
On whether the dispute could redefine fiscal federalism and local government autonomy in Nigeria, Adetunbi was sharply critical of the Federal Government’s approach.
He referenced the recent Supreme Court judgment affirming the financial autonomy of local governments, which directed that funds be paid directly to local government councils rather than through state joint accounts.
According to him, despite the Federal Government obtaining that judgment, compliance across the country has been inconsistent.
“Tell me, apart from Osun, has money been paid directly to local governments in other states?” he queried. “In most states, funds are still being paid into joint accounts, contrary to what the Federal Government sought at the Supreme Court.”
He alleged that the Federal Government’s selective enforcement raises concerns about the sincerity of its commitment to fiscal federalism.
“At a point, President Bola Tinubu directed compliance with the Supreme Court judgment. But that directive was largely ignored, except in Osun, where there appears to be a political interest in proving a point,” he said.
Adetunbi warned that inconsistent adherence to judicial pronouncements undermines both the judiciary and Nigeria’s federal structure.
“Law Is Not Our Problem – We Are”
Turning to the recent amendments to the Electoral Act, the senior advocate said he was yet to fully study the revised law but expressed skepticism that legislative reforms alone could resolve Nigeria’s democratic challenges.
“From what I have seen, I do not see much difference from the previous law,” he stated.
He argued that Nigeria’s core problem is not the absence of sound laws but the failure of those entrusted with implementing them to act in good faith.
“No law has the capacity to implement itself,” he said. “No matter how beautiful the law is, it will still be implemented by human beings. If we agree that our problem is not about law but about ourselves; our unwillingness to do the right thing – then that is where the real challenge lies.”
A Broader Constitutional Test
The Osun local government funds dispute has since evolved beyond a state-level political disagreement into a broader constitutional debate touching on judicial authority, fiscal federalism, and the limits of executive power.
For Adetunbi, the case represents more than a legal contest; it is a test of Nigeria’s commitment to constitutional supremacy.
“If we truly believe in the rule of law,” he concluded, “then court judgments must not be selectively obeyed. Until we subject ourselves fully to the law, we cannot claim to be operating a true constitutional democracy
