According to him, the Attorney-General’s duty is to give impartial legal advice that protects the people’s interests.
Senior Advocate of Nigeria, Mike Ozekhome, has slammed the federal government over its decision to withhold local government funds for Osun State.
He challenged the Attorney-General of the Federation, Lateef Fagbemi to provide proper legal guidance to the Presidency on the matter or resign.
Speaking on Channels Television’s Sunday Politics, Ozekhome accused the AGF of partisanship by allegedly recommending that allocations be released to sacked All Progressives Congress officials in the state.
Ozekhome said, “Let me tell you, it is highly political because the Attorney-General wrote a letter dated March 21 to the Minister of Finance and the Coordinating Minister of the Economy to release the funds due to the local governments to the APC officials, people he knew very well had been sacked from office and never reinstated by any court of law.”
The SAN urged President Bola Tinubu to recall his own legal battle as Lagos governor when the Olusegun Obasanjo administration withheld state allocations.
“The Supreme Court held that the Federal Government could never withhold funds meant for local governments in Lagos State.
“All it could say was that Lagos had 20 recognised local governments, so the additional 47 created by the state would not receive allocations. But the funds for the 20 had to be released,” he recounted.
Ozekhome argued that the same principle should apply in Osun’s case.
According to him, the Attorney-General’s duty is to give impartial legal advice that protects the people’s interests.
Ozekhome insisted, “If the Attorney-General gave proper advice and guidance, which is his role as protector and defender of the people’s interest, I do not see President Bola Tinubu refusing to approve it.
“If he did give the advice and the President ignored it, then he ought to resign."
The human rights lawyer recalled that under the Goodluck Jonathan administration, then-AGF Mohammed Bello Adoke had advised that, although a state of emergency could be declared in Plateau, President Jonathan could not remove Governor Joshua Dariye.
“The President abided by that advice,” he noted.
Ozekhome stressed that the newly elected councillors and chairmen in Osun, who assumed office after fresh elections, are the rightful custodians of the allocations and should receive them without delay.