Counsel to the Osun State Government, Prof. Mubarak Adekilekun (SAN), has challenged the Economic and Financial Crimes Commission’s restriction of the state’s statutory allocation account, insisting that no court order was served on either the state government or its bank, First Bank.
Adekilekun made the disclosure on Friday during an interview on Channels Television’s Politics Today, amid the growing legal dispute over the EFCC’s decision to place a Post-No-Debit (PND) restriction on the account.
The senior lawyer said the EFCC’s letter directing First Bank to restrict the account was subsequently forwarded by the bank to the Osun State Government. However, according to him, First Bank confirmed that no court order was attached to the communication.
Adekilekun argued that the relevant provisions of the law require a court order to be obtained and served, particularly on the financial institution holding the account, before such a restriction can lawfully be imposed.
He acknowledged that the EFCC has statutory powers to act when it suspects financial offences but maintained that those powers must be exercised alongside the provisions of the Money Laundering (Prevention and Prohibition) Act, 2022.
The EFCC has, however, maintained a different position. Its Director of Public Affairs, Wilson Uwujaren, said the commission has the legal authority to impose a temporary restriction on an account for up to 72 hours without first obtaining a court order, after which judicial approval would be required if the restriction is to continue.
The dispute has therefore centred on whether the EFCC’s temporary investigative powers can be used in the circumstances surrounding the Osun account and whether the restriction required prior judicial authorisation.
The controversy intensified after the Osun State Government filed a suit at the Federal High Court in Abuja, challenging the EFCC’s action and seeking ₦2 billion in damages.
The matter has also attracted conflicting legal opinions. Human rights lawyer Femi Falana (SAN) has argued that the EFCC did not act illegally, saying the commission has the power to restrict government accounts subject to obtaining the necessary court order within the applicable period.
The legal battle is expected to provide further clarification on the extent of the EFCC’s powers to restrict government accounts without prior judicial approval.
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