The legal battle surrounding the restriction placed on the Osun State Government’s statutory account has taken a fresh turn, with the state’s counsel, Prof. Mubarak Adekilekun (SAN), challenging the procedure adopted by the Economic and Financial Crimes Commission (EFCC).
Adekilekun argued that the anti-graft agency could not lawfully restrict the account without first obtaining and serving the required court order, particularly on First Bank, the financial institution holding the account.
The Senior Advocate of Nigeria made the submission on Friday during an appearance on Channels Television’s Politics Today, where he discussed the controversy surrounding the EFCC’s decision to place a Post No Debit (PND) restriction on the state’s statutory allocation account.
According to him, the EFCC initially communicated its decision to First Bank, which subsequently forwarded the communication to the Osun State Government. However, he said the bank confirmed that the correspondence did not contain any court order authorising the restriction.
Adekilekun maintained that the relevant legislation provides specific procedures that must be followed before such a measure can be imposed on an account belonging to a state government.
He acknowledged that the EFCC possesses statutory powers to investigate and act against suspected financial crimes. However, he argued that those powers must be exercised within the framework of other applicable laws, particularly the Money Laundering (Prevention and Prohibition) Act.
The lawyer insisted that Section 7 of the legislation requires a court order to be issued and properly served before an account can be subjected to the restriction in question.
He rejected the argument that the EFCC could rely solely on its powers to prevent suspected financial misconduct and impose a restriction without judicial authorisation.
Adekilekun was also asked about claims that the commission could initially restrict an account for up to 72 hours while seeking a court order. In response, he maintained that the circumstances surrounding the Osun account required compliance with the relevant legal provisions.
He further disputed suggestions that the account was connected to suspicious financial transactions, explaining that its primary purpose was to receive funds allocated to the state from the Federation Account.
The controversy has generated contrasting legal opinions.
Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, had earlier defended the EFCC’s action, arguing that the commission possesses the authority to place a temporary restriction on an account while seeking judicial approval within the period permitted by law.
Falana referred to a 2022 Court of Appeal decision involving the Benue State Government and the EFCC. According to him, the judgment recognised the commission’s ability to impose a Post No Debit restriction for a limited period of not more than 72 hours before obtaining a court order.
He also stated that, in the present matter, the EFCC approached the court, leading to intervention by the Federal High Court based on information presented by the commission.
The issue became politically sensitive because the restriction occurred shortly before the August 15 Osun State governorship election.
Following the development, President Bola Ahmed Tinubu directed the EFCC to return to court to seek the lifting of the order and discontinue the action, citing concerns over the timing of the restriction in relation to the election.
Despite the presidential intervention, questions remain over whether the Osun State Government will continue with its legal challenge.
Responding to the issue, Adekilekun said the final decision would rest with his client. He, however, indicated that he believed the matter should be subjected to judicial scrutiny to determine whether the EFCC followed the proper legal procedure.
The dispute has consequently placed renewed attention on the limits of the EFCC’s powers, the protection of government accounts and the requirement for judicial oversight when financial restrictions are imposed.
