By Lizzy Chirkpi
Osun State Governor, Senator Ademola Adeleke, on Wednesday accused the Economic and Financial Crimes Commission (EFCC) of directing a commercial bank to freeze a state government account used for the payment of workers’ salaries, barely 10 days before the August 15 governorship election.
Addressing a press conference at the Government House in Osogbo, Adeleke alleged that the anti-graft agency instructed the bank to place the account on a “Post No Debit” restriction without obtaining a court order, describing the action as unconstitutional and a dangerous threat to democratic governance.
According to the governor, the state government received formal notification from its banker informing it of the EFCC’s directive.
“This morning, we received a letter from our banker, forwarding a letter from the EFCC instructing the bank to freeze the Osun State Government account. This action was taken without any court order.
“We are supposed to be in a democracy where the rule of law must always prevail. We will therefore not accept any situation where federal agencies trample on the constitutional rights of sub-national governments. This is a threat to democracy. If we all keep quiet and allow this illegality, very soon, whatever is left of our democracy will be fully eroded,” Adeleke said.
He challenged the EFCC to publicly justify the action and disclose the legal basis for freezing the account.
“All I ask is for the EFCC Chairman to explain to the good people of Osun State and Nigerians in general why he froze the Osun State Government account and provide evidence to support whatever reason he presents. This and all other illegalities being visited on Osun are turning our democracy into a huge joke,” he added.
The governor’s allegation followed an earlier statement by the Osun State Government expressing concern over what it described as plans by the EFCC to freeze additional government accounts, including those belonging to some senior state officials.
Adeleke also maintained that despite repeated invitations extended to officials of his administration by the anti-graft agency, no evidence of wrongdoing had been established.
“They’ve invited virtually everybody involved in government accounts—the accountant, officials from different ministries and several others—for questioning. After the investigations, they all returned because nothing was found.
“They never found Osun State wanting. If you look at our record of prudence and transparency, we ranked first. We have remained accountable and transparent in the management of public funds,” he said.
Supporting the governor’s position, the Osun State Commissioner for Justice and Attorney-General, Oluwole Jimi-Bada, argued that the EFCC lacks the legal authority to unilaterally freeze or restrict access to a state’s statutory account.
“Our considered view is that Section 24 of the Money Laundering (Prevention and Prohibition) Act and Section 38 of the Economic and Financial Crimes Commission Act, 2004 do not confer on the EFCC the unilateral power to freeze, restrict or interfere with the statutory account of a state government.
“The statutory account of Osun State contains public funds meant for governance, salaries, pensions, healthcare, education, security and other essential obligations to the people. Any restriction on such funds raises serious constitutional questions which, in our respectful view, should only be determined by a court of competent jurisdiction,” he said.
Also speaking, the Commissioner for Finance, Adeola Ogungbile, dismissed suggestions that state funds were being diverted to finance political activities.
“I want to state clearly that the governor’s re-election campaign is not being funded from the state’s allocation. The people of Osun are supporting Governor Adeleke because of his performance in office, and they are determined to return him for another term based on that record,” he said.
The development comes amid heightened political tension ahead of the August 15 governorship election, with the opposition accusing the Federal Government of using federal institutions to intimidate the Osun State Government—an allegation the Federal Government has not officially responded to.
While the Money Laundering (Prevention and Prohibition) Act, 2022 empowers law enforcement agencies to investigate suspicious financial transactions, legal experts have noted that restrictions on bank accounts are generally expected to be backed by a valid court order, except in circumstances specifically provided for by law.
As of the time of filing this report, the EFCC had not issued an official statement on the governor’s allegations or confirmed whether it obtained a court order before the reported restriction on the account.