- State counsel Mubarak says no court order accompanied the EFCC directive restricting the state’s statutory account.
- He argues that the law requires a court order before such a restriction can be imposed.
- The claim comes amid a legal dispute over the EFCC’s action and President Tinubu’s intervention
Counsel to the Osun State Government, Prof. Mubarak Adekilekun (SAN), has argued that the Economic and Financial Crimes Commission did not provide a court order when it directed First Bank to restrict access to the state’s statutory allocation account.
Eko Hot Blog gathered that Adekilekun made the clarification on Friday during an interview on Channels Television’s Politics Today, as controversy continued over the EFCC’s action against the account.
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According to the senior lawyer, the relevant laws require a court order to be obtained and served, particularly on the financial institution, before such a restriction can lawfully be imposed.
He explained that although First Bank forwarded the EFCC’s directive to the Osun State Government, the bank confirmed that no court order accompanied the letter.
Adekilekun said the EFCC could exercise powers provided under its enabling legislation when investigating suspected financial crimes, but maintained that such powers must be applied alongside the provisions of the Money Laundering (Prevention and Prohibition) Act.
He argued that the law does not permit the commission to simply issue an administrative instruction placing a Post No Debit restriction on a state government account without complying with the requirement for judicial approval.
The SAN also rejected suggestions that the EFCC could automatically restrict the account for 72 hours before seeking a court order, insisting that the applicable provisions required judicial authorisation.
According to him, the account in question was established to receive the state’s statutory allocations from the Federation Account and was not being used for suspicious financial transactions.
He said the nature of the account made the EFCC’s decision to impose such a restriction particularly serious, stressing that the funds involved were allocations from the Federation Account.
Adekilekun’s position differs from that of human rights lawyer and Senior Advocate of Nigeria, Femi Falana, who recently defended the EFCC’s authority to restrict a state government account provided the commission obtains a court order within the legally prescribed period.
Falana referenced a 2022 Court of Appeal decision involving the Benue State Government and the EFCC, which he said recognised the commission’s power to place a Post No Debit restriction for up to 72 hours while seeking judicial approval.
He also said the Federal High Court had intervened in the Osun matter following information presented by the EFCC.
Amid the controversy, President Bola Tinubu directed the EFCC to return to court to have the restriction lifted and discontinue the action, citing concerns over its timing ahead of the August 15 Osun governorship election.
When asked whether the Osun State Government would continue with its legal challenge despite the President’s intervention, Adekilekun said the final decision would be determined by his client.
He, however, indicated that he believed the legal issues surrounding the restriction should be subjected to judicial determination.
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