Falana backs EFCC freeze on Osun account, says agency acted within law

Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has defended the Economic and Financial Crimes Commission (EFCC) over its decision to restrict access to an account belonging to the Osun State Government, saying the agency acted within the powers conferred on it by law.

Falana, who spoke on Channels Television’s Politics Today on Friday, said the legality of the EFCC’s authority to place restrictions on government accounts had already been settled by the Court of Appeal and the Supreme Court.

He explained that the EFCC could impose a Post No Debit (PND) restriction on an account belonging to a federal, state or local government for up to 72 hours while investigating suspected financial crimes.

According to him, the commission must obtain a court order if it intends to extend the restriction beyond the initial 72-hour period.

“As far as the law is concerned, the EFCC has not acted illegally,” Falana said, stressing that the commission’s powers had been affirmed in several judicial decisions.

The senior lawyer cited a 2022 judgment of the Court of Appeal arising from a suit instituted by the Benue State Government. He said the appellate court overturned an earlier Federal High Court decision and affirmed the EFCC’s power to temporarily restrict access to government accounts pending judicial approval.

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Falana also referred to a 2024 Supreme Court judgment involving the Kogi State Government and other states, which, according to him, upheld the powers of the EFCC, Independent Corrupt Practices and Other Related Offences Commission (ICPC) and Nigerian Financial Intelligence Unit (NFIU) to investigate the accounts of government institutions at all levels.

“That remains the law in Nigeria today,” he maintained.

He argued that anyone seeking to change the existing legal framework should approach the National Assembly for legislative amendments rather than challenge powers that have already been recognised by the courts.

On the controversy surrounding the restriction of Osun State’s statutory allocation account, Falana said the EFCC had followed due process by approaching the court for an order after commencing its investigation.

He noted that the Osun State Government had challenged the validity of the court order itself, rather than simply questioning the timing of the restriction.

The dispute followed an EFCC investigation into the alleged movement of about ₦11 billion from Osun State’s Ecology Funds, intervention funds and allocations from the Federation Account Allocation Committee (FAAC).

The anti-graft agency has maintained that the restriction was temporary, affected only one account and was imposed pursuant to provisions of the EFCC Act and the Money Laundering (Prevention and Prohibition) Act, 2022.

President Bola Tinubu subsequently directed the EFCC to return to court to seek the vacation of the order and discontinue the restriction, amid concerns about its timing just days before the August 15 Osun State governorship election.

Falana, however, warned against creating the impression that anti-corruption agencies should halt investigations whenever elections are approaching.

He said allowing electoral considerations to shield financial transactions from scrutiny could weaken Nigeria’s anti-corruption framework and undermine accountability in the management of public funds.

“It is a dangerous impression to suggest that anti-graft agencies should look away whenever elections are around the corner,” Falana said.