-
Falana declares EFCC acted within the law, insisting the anti-graft agency has constitutional authority to freeze any account, including those of state governments, where financial crimes are under investigation.
-
Senior Advocate cites landmark Court of Appeal and Supreme Court judgments affirming the commission’s powers, saying the law permits a temporary Post-No-Debit restriction before obtaining a court order within 72 hours.
-
Legal heavyweight says the real issue is not whether EFCC can freeze Osun’s account, but whether the court order obtained by the commission complied with constitutional and procedural requirements.
-
Falana’s intervention injects a fresh legal twist into the politically charged Osun account freeze saga, reinforcing the anti-graft agency’s position as the state government continues its court challenge ahead of the August 15 governorship election.
August 07, (THEWILL) — Senior Advocate of Nigeria (SAN) and renowned human rights lawyer, Femi Falana, has defended the Economic and Financial Crimes Commission (EFCC) over its controversial freezing of the Osun State Government’s account, declaring that the anti-graft agency acted within the ambit of the law and possesses constitutional authority to freeze any account suspected to be linked to financial crimes.
THEWILL reports that Falana’s position contrasts with allegations by Governor Ademola Adeleke’s administration, the Nigerian Bar Association (NBA), opposition parties and several civil society groups, who have argued that the commission acted illegally and in a manner capable of undermining the integrity of the forthcoming poll.
Speaking on the controversy on Friday during an appearance on Politics Today, a Channels Television programme, Falana maintained that the legality of the EFCC’s power to freeze government accounts had long been settled by Nigeria’s appellate courts.
According to him, while public debate has largely focused on the timing of the action against Osun State, the legal question of whether the commission possesses such powers has already been answered by superior courts.
“As far as the law is concerned, the EFCC has not acted illegally”, Falana stated.
He explained that under the EFCC Act and other extant financial crime laws, the commission is empowered to place a temporary Post-No-Debit (PND) restriction on an account where suspicious transactions are detected.
Falana noted that such a restriction may subsist for up to 72 hours before the commission is required to obtain judicial authorisation to sustain the action.
“As a matter of fact, under the law, the EFCC has the power to freeze the account of the Federal Government or of any state or local government in Nigeria”, he added.
READ ALSO: ‘We Acted Within The Law’- EFCC Counters Adeleke, NBA Over Osun Account Freeze
Benue Judgement Changed Legal Landscape
The senior lawyer recalled that the issue first generated national attention following litigation between the Attorney-General of Benue State and the EFCC.
He explained that in 2019, the Federal High Court sitting in Benue ruled that the anti-graft agency lacked the legal authority to freeze the state’s bank account and consequently awarded ₦50 million damages against the commission.
However, he said the EFCC successfully challenged that decision before the Court of Appeal.
According to Falana, the appellate court, in its September 2022 judgement, overturned the lower court’s decision and affirmed the commission’s statutory powers.
“The Court of Appeal held that the EFCC has the power to freeze the account of that state and place a Post-No-Debit order for not more than 72 hours before obtaining a court order. That remains the law in Nigeria today”, he said.
He added that the judgment has since become one of the leading authorities guiding anti-corruption investigations involving public funds.
Supreme Court Further Strengthened EFCC’s Mandate
Falana also cited a landmark 2024 Supreme Court judgement in a suit instituted by the Kogi State Government alongside several other states challenging the powers of the EFCC and the Nigerian Financial Intelligence Unit (NFIU) to investigate government finances.
He said the apex court thoroughly examined the constitutional and statutory framework establishing the agencies before affirming their authority to investigate financial activities involving all tiers of government.
“In 2024, the Kogi State Government, joined by many other states, challenged the investigation of state accounts by the EFCC and NFIU.
“In a historic judgement, the Supreme Court examined all the relevant laws and came to the conclusion that these agencies have the power to probe the accounts of the Federal Government, state governments and local governments”, Falana explained.
He stressed that the judgement effectively removed every lingering doubt over the investigative jurisdiction of the EFCC concerning public funds.
Court Order, Not Timing, Is Now the Real Legal Battle
Falana argued that the controversy should now shift from political rhetoric to judicial determination.
According to him, the critical legal question is no longer whether the EFCC can freeze a state government’s account but whether the commission complied with due process in obtaining the court order upon which it relied.
He disclosed that the Osun State Government has rightly approached the Federal High Court to challenge the validity of the order, adding that the judiciary should now determine whether the commission acted in full compliance with the law.
“In this instance, the EFCC went to court, and the Federal High Court intervened based on information supplied by the commission.
“The President himself referred to the order obtained by the EFCC, while the Osun State Government has chosen to challenge the legality and validity of that order—not necessarily the timing”, he stated.
READ ALSO: Tinubu’s EFCC Order Sparks Uproar as Nigerians Demand Olukoyede’s Sack
Fresh Legal Twist to Political Firestorm
Falana’s remarks come amid one of the fiercest political controversies preceding the Osun governorship election.
The EFCC had maintained that it restricted transactions on one of the state’s statutory allocation accounts after detecting suspicious movements of funds allegedly linked to an ongoing investigation into about ₦11 billion in Ecology Funds, Intervention Funds and Federation Account Allocation Committee (FAAC) allocations.
Governor Ademola Adeleke rejected the allegation, accusing the commission of acting without lawful authority and alleging that the move was politically motivated to cripple his administration ahead of the election.
The state has since filed a suit before the Federal High Court seeking to nullify the account restriction and claiming ₦2 billion in exemplary damages against the EFCC.
The controversy prompted President Bola Tinubu to direct the commission to return to court and vacate the freezing order, saying although he respected the EFCC’s independence and anti-corruption mandate, the timing of the action risked creating the impression of federal interference in the electoral process.
Felix Ifijeh is a journalist with years of professional reporting experience. Known for his keen news sense, compelling storytelling and commitment to accurate, impactful reporting, he has built a reputation for turning leads into clear, engaging, and well-structured reports that resonate with readers. His work reflects deep newsroom experience and a commitment to accurate, impactful journalism.
