The Osun State Chapter of the Peoples Democratic Party (PDP) strongly condemns the manifest abuse of office and high-handedness of the Attorney-General of the Federation and Minister of Justice, Mr Lateef Fagbemi, SAN. His recent actions portray not just a conflict of interest but a dangerous erosion of the doctrine of separation of powers,(delegatus non potest delegare), which forbids the Attorney-General from usurping judicial powers not vested in him by law.
In a statement on Monday by Osun PDP Media Director, Oladele Bamiji HOB reads, We take great exception to what appears to be a deliberate, politically motivated interference in the governance of Osun State, particularly the unwarranted obstruction of statutory financial allocations to our local government councils. The act, ex facie, is not only ultra vires but also a subversion of the rule of law. Nemo judex in causa sua-no one should be a judge in his own cause. Mr Fagbemi, having previously served as lead counsel to Mr. Gboyega Oyetola, a principal actor in Osun APC, ought to recuse himself from any matter directly or indirectly affecting the political ecosystem of the State, and allow the law courts decide as appropriate.
Nigerians would recall that Mr Fagbemi led the legal team of Mr Oyetola in the 2022 gubernatorial election litigation, which culminated in a definitive loss at the Supreme Court to Governor Ademola Jackson Nurudeen Adeleke. It is evident that the Attorney-General has not dispassionately discharged the burdens of that loss. Instead, he now deploys the instruments of his sensitive office in a way that brings disrepute to the impartiality expected of the nation’s Chief Law Officer.
The recent directive, lacking any known judicial backing, which halted the disbursement of funds to democratically elected local governments in Osun State, is a clear affront to constitutionalism and the principles of audi alteram partem-the right to a fair hearing. No court has issued any pronouncement to warrant such fiscal strangulation. This is not only an illegality but a calculated attempt to undermine good governance in Osun State.
We further recall the Attorney-General’s extra-legal advisory to the Osun State Independent Electoral Commission (OSSIEC), warning against conducting local government elections, a move which, ipso facto, lacks any judicial imprimatur. This reckless act emboldened certain elements within the opposition APC to foment disorder, nearly plunging the state into chaos and resulting in loss of lives and property. Such partisanship has no place in the temple of justice and we expect Mr Fagbemi to know this.
The office of the Attorney-General is a sacred trust, and must not be wielded as a political weapon. Mr Fagbemi must rise above personal and partisan considerations, and act as the guardian of justice and fairness for all Nigerians, regardless of party affiliation. Salus populi suprema lex esto-the welfare of the people shall be the supreme law.
We therefore call on His Excellency, President Bola Ahmed Tinubu, to rein in Mr Fagbemi and remind him that no one is above the law. Nigeria cannot survive on the force of coercion but must be governed by the Constitution and the will of the people.
The President as father of the nation and a renowned democrat, with incontrovertible democratic credentials, should not allow Mr Fagbemi to infuse undeserved dark spot of authoritarian tendencies on the government, whose overall performance will be judged by posterity in the name of the president, and not that of Mr Fagbemi.
The people of Osun have freely given their mandate to Governor Ademola Adeleke and to their duly elected local government officials. That mandate must not be subverted by any individual, no matter how highly placed. Justice must not only be done, it must be seen to be done.