Counsel to the Osun State Government, Prof. Mubarak Adekilekun, SAN, has faulted the Economic and Financial Crimes Commission’s restriction of the state’s statutory allocation account, insisting that no court order was served before the directive was implemented.
Adekilekun made the claim on Friday while appearing on Channels Television’s Politics Today amid the controversy surrounding the Economic and Financial Crimes Commission’s action against the account operated by the Osun State Government with First Bank.
According to the Senior Advocate of Nigeria, the law requires a court order to be obtained and served, particularly on the bank, before such a restriction can be imposed.
He said the EFCC initially wrote to First Bank, which subsequently forwarded the communication to the state government.
However, he said the bank confirmed that the letter did not contain any court order.
Adekilekun argued that although the EFCC has statutory powers to act on suspected financial offences, those powers must be exercised in line with the provisions of the Money Laundering (Prevention and Prohibition) Act.
He maintained that the relevant provision requires a court order to be served before an account can be subjected to a Post No Debit restriction.
The lawyer said the EFCC could not simply rely on the powers of its chairman to restrict access to the state’s statutory allocation account without complying with the legal requirements.
He further dismissed suggestions of money laundering involving the account, saying it was established primarily to receive allocations from the Federation Account.
Adekilekun said, “The only money that is being transferred to that account is from the Federation Account, pure federal domain.”
His position differs from that of human rights lawyer and Senior Advocate of Nigeria, Femi Falana, who recently defended the EFCC’s action.
Falana argued that the commission has the authority to place a Post No Debit restriction on an account for up to 72 hours while seeking a court order, citing a 2022 Court of Appeal judgment involving the Benue State Government and the EFCC.
He said the EFCC had approached the court in the Osun matter and that the Federal High Court subsequently intervened based on information presented by the commission.
The controversy escalated after President Bola Tinubu directed the EFCC to return to court to vacate the order and discontinue the restriction, citing concerns over the timing of the action ahead of the August 15 Osun State governorship election.
Asked whether the Osun State Government would continue with its legal action despite the President’s intervention, Adekilekun said the decision rested with his client.
He, however, indicated that he believed the matter should be pursued through the appropriate legal process.