Osun State Governor, Ademola Adeleke, has directed the state Attorney-General and Commissioner for Justice, Oluwole Jimi-Bada, to file an immediate legal challenge at the Federal High Court in Osogbo against the Economic and Financial Crimes Commission (EFCC) following the freezing of a key state government account.
Speaking during an emergency press briefing at the Government House in Osogbo, Governor Adeleke revealed that the state government received a letter on Wednesday morning from its commercial banker forwarding a directive from the EFCC placing the state’s primary salary account on “Post No Debit” (PND) status.
”This action was taken without any court order,” Governor Adeleke stated. “We are supposed to be in a democracy where the Rule of Law must always prevail. We will therefore not accept a situation where federal agencies trample on the constitutional rights of subnational governments. I have instructed my Attorney-General to challenge this illegality at the Federal High Court, Osogbo.”
Governor Adeleke urged EFCC Chairman Ola Olukoyede to explain the legal justification behind the decision, characterizing the account restriction as an attempt to paralyze government operations ahead of the upcoming August 15 Osun State governorship election.
Oluwole Jimi-Bada (Attorney-General & Commissioner for Justice) quoted “Section 24 of the Money Laundering Prevention and Prohibition Act and Section 38 of the EFCC Act do not confer on the commission the unilateral power to freeze, restrict, or interfere with the statutory account of a state government without a prior order from a court of competent jurisdiction
”Section 24 of the Money Laundering Prevention and Prohibition Act and Section 38 of the EFCC Act do not confer on the commission the unilateral power to freeze, restrict, or interfere with the statutory account of a state government without a prior order from a court of competent jurisdiction.”
Kolapo Alimi (Commissioner for Information & Public Enlightenment) also reiterated; “There is no legal basis or justification for any push to freeze state government accounts. This is a deliberate attempt to obstruct state functions and disrupt civil service payroll just days before the election
Sola Ogungbile (Commissioner for Finance): Confirmed that state officials had previously complied with EFCC inquiries and invitations, noting that all financial documentation requested by the anti-graft agency had been provided prior to the sudden freeze.
Under Nigerian law, including precedent set by the Court of Appeal (GTB v. Adedamola), the EFCC is required to obtain an ex parte court order before directing a financial institution to place a freeze on a customer or government account.
The Osun State Government’s lawsuit seeks an immediate injunction to unfreeze the account and a declaration that the anti-graft agency’s unilateral directive is null, void, and unconstitutional.
