Counsel to the Osun State Government, Prof. Mubarak Adekilekun (SAN), has challenged the legality of the Economic and Financial Crimes Commission’s restriction of the state’s statutory allocation account, insisting that neither the government nor First Bank was served with a court order authorising the action.
Adekilekun made the disclosure on Friday during an interview television, amid the ongoing controversy over the EFCC’s restriction of access to the state’s account.
The Senior Advocate of Nigeria argued that the law requires a court order to be obtained and served, particularly on the financial institution holding the affected account, before such a restriction can be enforced.
According to him, the EFCC initially wrote to First Bank directing the restriction, after which the bank forwarded the correspondence to the Osun State Government.
He said the state subsequently sought clarification from the bank and was informed that no court order accompanied the EFCC directive.
“You will recall that after the letter was written to First Bank in Osun, which in turn transmitted the letter to the state government, the requirement of the law in this regard is that a court order must be issued and served on, especially, First Bank,” Adekilekun said.
“The letter was forwarded to Osun State Government, where First Bank confirmed that no court order was attached to it.”
The lawyer acknowledged that the EFCC has statutory powers to investigate and act on suspected financial crimes but maintained that the exercise of those powers must comply with relevant provisions of the Money Laundering (Prevention and Prohibition) Act.
He argued that the commission’s investigative powers should not be interpreted in isolation from the legal safeguards governing the restriction of funds and financial accounts.
The development comes amid heightened tension between the Osun State Government and the anti-graft agency over the restriction of access to the account, with the state government questioning the procedure adopted by the EFCC.
