The Nigerian Bar Association (NBA) has criticised the Economic and Financial Crimes Commission (EFCC) over its decision to freeze an Osun State Government bank account, describing the action as unconstitutional and a violation of due process. The legal body said the commission cannot lawfully restrict a state government’s account without first obtaining a valid court order.
Speaking on the development, the Chairman of the NBA’s Section on Public Interest and Development Law (NBA-SPIDEL), Dr. Monday Ubani (SAN), argued that while the EFCC has statutory powers to investigate financial crimes, those powers must be exercised within the limits of the Constitution. He maintained that any restriction placed on a government account without judicial authorisation raises serious concerns about abuse of power and the rule of law.
The controversy followed the EFCC’s decision to place a “Post No Debit” restriction on one of Osun State’s accounts as part of an ongoing investigation into the alleged mismanagement of public funds. The anti-graft agency has defended its action, insisting that the Money Laundering (Prevention and Prohibition) Act, 2022, allows it to impose a temporary 72-hour restriction on suspicious accounts before seeking a court order for any extension.
The Osun State Government has rejected the EFCC’s position and has already filed a suit at the Federal High Court challenging the account restriction. Governor Ademola Adeleke described the action as an attempt to disrupt government activities, warning that it could affect salary payments, public services and ongoing development projects if not reversed.
The NBA called on both parties to allow the courts to determine the legality of the EFCC’s actions, stressing that adherence to constitutional procedures is essential for maintaining public confidence in Nigeria’s justice system. The association warned that the outcome of the legal dispute could set an important precedent regarding the extent of anti-corruption agencies’ powers over the finances of state governments.
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