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 neither the government nor First Bank received the required court order.
Adekilekun made the disclosure on Friday while appearing on Channels Television’s Politics Today, amid the controversy surrounding the EFCC’s decision to place a Post No Debit restriction on the account.
According to him, the law requires the anti-graft agency to obtain and serve a court order, particularly on the affected financial institution, before imposing such a restriction.
He said the EFCC’s letter was sent to First Bank and subsequently forwarded to the Osun State Government, but the bank confirmed that no court order accompanied the directive.
Adekilekun said, “The requirement of the law in this regard is that a court order must be issued and served on, especially, First Bank.”
He argued that although the EFCC has statutory powers to act when it suspects financial crimes, those powers must be exercised in line with the provisions of the Money Laundering (Prevention and Prohibition) Act.
The SAN said, “If you interpret this in conjunction with Section 7 of the MLA, it says that there must be a court order served on that party.”
He also rejected the argument that the EFCC could impose the restriction for up to 72 hours before securing a court order, maintaining that a court order was necessary in the circumstances.
“EFCC must get a court order. The laws are there,” he insisted.
Adekilekun further dismissed allegations of money laundering involving the account, saying it was established to receive funds allocated to the state from the Federation Account.
He said, “The only money that is being transferred to that account is from the Federation Account, pure federal domain.”
The position of the Osun government’s counsel contrasts with that of human rights lawyer and Senior Advocate of Nigeria, Femi Falana, who recently defended the legality of the EFCC’s action.
Falana cited a 2022 Court of Appeal decision involving the Benue State Government and the EFCC, arguing that the commission could impose a Post No Debit restriction for a limited period while seeking a court order.
According to Falana, the EFCC had approached the court in the Osun case, leading to the intervention of the Federal High Court.
The controversy has attracted presidential intervention, with President Bola Tinubu directing the EFCC to approach the court to vacate the order and discontinue the restriction.
The President cited the timing of the action, which came shortly before the August 15 governorship election in Osun State.
Asked whether the state government would continue with its legal action despite the President’s intervention, Adekilekun said the decision would ultimately be made by the state government.
He said, “It depends on what my client thinks, which is the Osun State Government. If they give us the go-ahead, I think and I believe that it should be tried.”
