The Osun State chapter of the Peoples Democratic Party has called on the Chief Judge of the Federal High Court, Justice John Tsoho, to investigate the circumstances surrounding the transfer of a case on the non-release of local government allocations from the Osogbo division to Abuja.
Local government allocations due to Osun councils have been withheld since February amid a tussle between the PDP-led state government and the All Progressives Congress over control of the councils.
The APC had argued that chairmen and councillors elected during the October 15, 2022 polls conducted under former Governor Adegboyega Oyetola remained in office, citing a February 10, 2025 judgment of the Court of Appeal, Akure.
But the PDP insisted the appellate ruling did not reinstate them, stressing that those elected during the February 22, 2025 local government polls are the legitimate officeholders.
To resolve the stalemate, Osun’s Attorney General, Oluwole Jimi-Bada, filed a suit marked FHC/OS/CS/94/2025 at the Federal High Court, Osogbo, against the Attorney General of the Federation, the Central Bank of Nigeria, and others, seeking release of the seized allocations.
However, controversy erupted after two letters purportedly from the office of the Chief Judge indicated that the case had been moved to Abuja for hearing during the vacation period.
One of the letters, dated August 21, 2025, and signed by Joshua Ibrahim Aji, identified as Special Assistant to the Chief Judge, stated that the transfer was necessary since the defendants were based in Abuja.
A second letter dated September 2, 2025—signed by an unnamed person “for” the Special Assistant—also purported to reassign the case.
At a press conference in Osogbo on Thursday, Osun PDP Chairman, Sunday Bisi, described the development as “a gross aberration,” questioning the legality of aides exercising judicial powers.
“Judicial functions cannot be delegated to a Special Assistant who is not a judicial officer,” Bisi said. “Even worse, the September 2 letter was not signed by the Special Assistant himself, but by an unknown individual on his behalf. That letter purported to assign a case to a judge, something that can only be lawfully done by a judicial officer.”
He added, “Suspiciously, the September 2 letter was delivered to Osun’s counsel on September 11—more than a week after it was allegedly signed. We have every reason to believe it may have been backdated for political purposes. This suspicion is reinforced by the fact that when the case came up in Abuja on September 8, neither the court nor the parties referenced the letter.”
Bisi insisted that any application to move the case must be made openly before the presiding judge in Osogbo.
“Anything else is illegality,” he declared. “We therefore call on the Honourable Chief Judge of the Federal High Court to immediately probe these irregularities and determine how persons purportedly working in his office came to sign letters carrying the force of judicial authority.”
Meanwhile, the tussle over the seized allocations has also moved to the Supreme Court.
On August 27, 2025, The PUNCH reported that the Osun State Government, through its Attorney General and a team led by Mike Ozekhome (SAN) and Musibau Adetunbi (SAN), filed a fresh suit against the Attorney General of the Federation, Lateef Fagbemi (SAN).
In the originating summons, Osun is asking the apex court to compel the Federal Government to release all withheld funds, describing the seizure as “unconstitutional and arbitrary.”
The state also wants a perpetual injunction restraining future seizures.
The government argued that the AGF ignored subsisting judgments of the Federal High Court, Osogbo (November 30, 2022) and the Court of Appeal (June 13, 2025), which affirmed the legitimacy of the February 2025 local government elections.
The AGF had, in a March 26, 2025 letter, advised that the funds remain frozen pending resolution of a “local government crisis”—a position the state said was untenable after the appellate ruling.
In its prayers, the state raised five constitutional questions, including whether the AGF is bound under Section 287 of the 1999 Constitution (as amended) to enforce valid court judgments, and whether his directive to withhold funds could stand in the face of such rulings.
Osun further filed an affidavit warning that proceeding with the Abuja case while the Supreme Court is seized of the matter could lead to conflicting judgments.
The Permanent Secretary, Ministry of Local Government and Chieftaincy Affairs, Olufemi Akande Ogundun, described the AGF’s actions as “an affront to the rule of law,” citing precedents such as A.G. Kano State v. A.G. Federation (2007) and RMAFC v. A.G. Rivers State (2023).
The state also accused the AGF of “self-induced urgency,” noting that he delayed responding to the Osogbo suit for over 80 days before filing an affidavit of urgency on August 13, 2025.
It argued that the Chief Judge’s transfer order “casts the lot of the court with the AGF” and risks creating a perception of bias.