Prominent constitutional lawyer and Senior Advocate of Nigeria (SAN), Chief Mike Ozekhome, has called on the Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, to resign from office if President Bola Tinubu continues to disregard his legal counsel.
Ozekhome made the statement while reacting to the Federal Government’s decision to withhold local government funds in Osun State, describing the move as politically motivated and a dangerous precedent for democracy.
According to him, the controversy arose after Fagbemi reportedly wrote to the Ministry of Finance, directing that allocations be released to sacked All Progressives Congress (APC) officials in the state. The senior lawyer said such advice, if true, was a direct affront to constitutional governance and the rule of law.
“The Federal Government’s withholding of funds due to local governments in Osun is nothing but a political act. It is unconstitutional and undemocratic,” Ozekhome said.
He reminded President Tinubu of his own experience as governor of Lagos State when then-President Olusegun Obasanjo withheld the state’s local government allocations, a matter that was resolved in Tinubu’s favour by the Supreme Court.
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“The Supreme Court held clearly that the Federal Government could never withhold funds meant for local governments. That judgment still stands,” he noted.
Ozekhome added that the President should not be seen ignoring proper legal guidance from the AGF, stressing that the integrity of the justice system requires that the chief law officer’s advice be respected.
“If the AGF indeed gave the right advice and the President ignored it, then he ought to resign. Otherwise, his office loses credibility,” he warned.
Drawing from history, Ozekhome cited how former AGF Mohammed Bello Adoke advised then-President Goodluck Jonathan against unilaterally removing the governor of Plateau State during a state of emergency, and Jonathan heeded that advice.
“That is the true role of an Attorney-General — to stand firmly by the law, even when it is politically inconvenient,” he added.
The development has stirred fresh debate about the independence of the AGF and whether President Tinubu’s administration is committed to upholding constitutional provisions, particularly on the financial autonomy of local governments.