Osun account freeze: EFCC acted within the law - Femi Falana

Human rights lawyer Femi Falana has asserted that the Economic and Financial Crimes Commission (EFCC) acted within its legal authority when it froze the Osun State Government's account. Falana clarified that the EFCC possesses the legal power to freeze state government accounts, provided it obtains a court order within the legally stipulated timeframe.

“

Well, as far as the law is concerned, the EFCC has not acted illegally.

Speaking on Channels Television's Politics Today, Falana referenced a 2022 Court of Appeal judgment in a case involving the Benue State Government and the EFCC. This ruling affirmed the commission's authority to place a Post No Debit (PND) restriction on an account for a maximum of 72 hours before obtaining a court order. "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 stated.

“

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.

Falana recalled a 2019 Federal High Court ruling in Benue State that initially denied the EFCC such power, awarding N50 million in damages. However, he emphasized that the EFCC successfully appealed this decision, and the subsequent Court of Appeal judgment in September 2022 established the current legal precedent. He further cited a 2024 Supreme Court judgment that examined challenges from the Kogi State Government and others regarding the powers of anti-corruption agencies to investigate state accounts. The Supreme Court concluded that these agencies indeed have the authority to probe accounts at federal, state, and local government levels.

“

That remains the law in Nigeria today.

"That remains the law in Nigeria today," Falana affirmed. He added that any party seeking to alter the existing legal framework must approach the National Assembly. "If Nigerians, those who are concerned, want the law changed, they can go to the National Assembly. But for now, as of today, EFCC has the power to freeze the account of any state and, in not more than 72 hours, has to go to court," he explained. Falana indicated that in the Osun case, the EFCC did proceed to court, and the Federal High Court acted upon the information provided.

“

If Nigerians, those who are concerned, want the law changed, they can go to the National Assembly. But for now, as of today, EFCC has the power to freeze the account of any state and, in not more than 72 hours, has to go to court.