Counsel to the Osun State Government, Prof. Mubarak Adekilekun (SAN), says neither the state government nor First Bank was served with a court order alongside the directive restricting access to the state’s statutory allocation account.
Counsel to the Osun State Government, Prof. Mubarak Adekilekun (SAN), has challenged the legal basis of the restriction placed on the state’s statutory allocation account by the Economic and Financial Crimes Commission (EFCC).
Adekilekun said no court order was served on either the Osun State Government or First Bank alongside the directive restricting access to the account.
The senior lawyer made the disclosure while speaking on the controversy surrounding the EFCC’s action on the state government’s account.
According to him, the law requires the appropriate court order to be obtained and served, particularly on the bank holding the account, before such a restriction can be imposed.
Adekilekun explained that the EFCC initially sent a letter to First Bank, which subsequently transmitted the correspondence to the Osun State Government.
He said the bank confirmed that no court order was attached to the letter.
The lawyer maintained that the EFCC could not simply rely on its administrative powers to place a post-no-debit restriction on the state’s statutory allocation account without complying with the relevant legal requirements.
He referenced provisions of the Money Laundering (Prevention and Prohibition) Act in making his argument.
The development comes amid a widening dispute between the Osun State Government and the EFCC over the restriction of the account.
The EFCC has said its action was connected to an investigation into alleged financial irregularities involving about ₦11 billion in public funds. The commission has maintained that the account restriction was not politically motivated or linked to the August 15 governorship election.
The dispute has also taken a legal and political dimension after Governor Ademola Adeleke filed a ₦2 billion lawsuit against the EFCC over the account restriction.
President Bola Tinubu subsequently directed the EFCC to return to court over the matter, citing concerns about the timing of the restriction and public confidence in the electoral process.
What We Know
- Osun State counsel says no court order was served on the state government or First Bank.
- The EFCC restricted access to the state’s statutory allocation account.
- The EFCC says its action relates to an investigation into alleged financial irregularities.
- Governor Ademola Adeleke has sued the EFCC and is seeking ₦2 billion in damages.
- The dispute has become entangled with concerns surrounding the August 15 Osun governorship election.
What Remains Disputed
The legality of the restriction remains contested. Osun State’s counsel argues that a court order had to be properly obtained and served, while the EFCC maintains that it acted within its investigative powers and has defended the basis for its intervention.
Why It Matters
The dispute raises questions about the legal limits of anti-corruption investigations involving public funds, the protection of state government accounts and the relationship between law-enforcement powers and judicial oversight.