NBA has no locus in Osun LG case, APC chairmen still valid — Adegoke

By Deborah Oladejo, Osogbo –

Senior Advocate of Nigeria, Kunle Adegoke, has faulted the Nigerian Bar Association (NBA) over its call on the Federal Government to release Osun State Local Government allocations to the Peoples Democratic Party (PDP)-backed councils, describing the move as partisan and legally unfounded.

In a rejoinder addressed to the Attorney-General of the Federation, Adegoke said the NBA is not a party to the case and therefore lacks the locus or mandate to interpret court judgments. He argued that its attempt to act as a “super-court” was an error of law and logic borne out of organizational arrogance and loss of direction.

He noted that while the NBA admitted there was a legal impasse, it still declared the PDP councils legitimate—a position he described as contradictory and untenable.

Recalling the litigation timeline, Adegoke explained that the APC councils, produced from the October 15, 2022 election, remained valid after the Court of Appeal on February 10, 2025 set aside the judgment which had earlier nullified their election. He stressed that the PDP’s February 22, 2025 polls were a nullity since there were no vacancies at the time.

The senior advocate maintained that the June 13, 2025 ruling, often cited by the PDP and NBA, did not validate the fresh election. According to him, the decision merely refused to relist a dismissed appeal, while comments in a concurring opinion about the PDP election amounted only to obiter dicta with no binding force.

He further criticised the NBA for setting up a committee to “review” court judgments, calling it an overreach. He stated that the NBA is a voluntary professional association with no legal standing to review judicial pronouncements or issue binding conclusions, and described the move as institutional overreach.

Adegoke urged the Federal Government to ignore pressures from political actors and the NBA, insisting that due process demands the immediate release of the withheld funds to APC officials.

According to him, the APC chairmen and councillors remain the only lawful recipients of Osun’s Local Government allocations. He urged the Attorney-General of the Federation, the Federal Government, and other stakeholders to “ignore distractions sown by partisanship and stand firmly by the law.”