Osun: EFCC legally empowered to freeze FG, state govt accounts – Falana
Lawyer Supports EFCC’s Actions in Account Freezing Case
A senior attorney, Femi Falana, has stated that the Economic and Financial Crimes Commission (EFCC) acted within the law by freezing the Osun State Government’s bank account, assuming it secured the necessary court order.
Falana addressed the ongoing debate regarding the EFCC’s actions, asserting that the commission is legally empowered to impose a Post-No-Debit (PND) restriction on a state government’s account for a limited duration prior to obtaining court approval.
“As far as the law is concerned, the EFCC has not acted illegally,” he said.
He referenced a 2022 Court of Appeal ruling in a case involving the Attorney-General of Benue State and the EFCC, which affirmed the commission’s authority to freeze a state account, contingent on acquiring a court order within 72 hours.
In 2019, the Federal High Court in Benue ruled that the EFCC did not possess the power to freeze a state government account, subsequently awarding ₦50 million in damages against the commission. The EFCC appealed that decision, leading to the 2022 Court of Appeal ruling that upheld its authority, provided due process is followed.
Falana further cited a 2024 Supreme Court decision involving the Kogi State Government, which supported the powers of federal agencies to investigate the financial dealings of federal, state, and local governments.
“Under the law, the EFCC has the power to freeze the accounts of the federal or any state or local government in Nigeria,” Falana noted.
He clarified that the EFCC’s current legal standing allows it to freeze accounts of state governments, requiring a court visit within a 72-hour timeframe.
In this instance, the EFCC reportedly sought judicial intervention based on evidence it provided, as noted in a statement from the President. The Osun State Government has contested the legality and validity of the order rather than its timing.
