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Ademola Adeleke heads to court over EFCC account restriction

The decision by the EFCC to freeze the Osun allocation account has opened a legal and political battle just days before the state’s governorship election. Governor Ademola Adeleke’s administration says the restriction could affect salaries and public services, while the anti-graft agency argues that urgent action was needed to stop suspected movements of public money.

The Economic and Financial Crimes Commission placed a post-no-debit restriction on the Osun State Government’s statutory allocation account on Wednesday, 5 August 2026. The election is scheduled for 15 August, while political campaigns must end at midnight on 13 August.

A post-no-debit restriction prevents withdrawals and transfers from an account. Money may still be paid into it, but the account holder cannot make outgoing payments until the restriction is removed.

Osun officials have announced plans to challenge the action at the Federal High Court in Osogbo. Residents should follow official information about salaries, pensions and essential services, as the government has not yet confirmed that any payment has been missed.

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EFCC alleges movement of public funds

The EFCC said it had been investigating the Osun State Government since March 2026 over the alleged handling of about N11 billion in ecology funds, intervention funds and Federation Account Allocation Committee payments.

According to the commission, some senior state officials, including the Accountant General, had already been questioned before the account restriction was imposed.

The agency said the investigation alone would not have led to the freeze. It claimed, however, that it detected large transfers from government accounts to several corporate entities beginning on 2 August.

“The Commission noticed huge transfers of funds into different corporate entities and had to swiftly halt the trend by freezing the accounts from which such heavy funds are being moved,” the EFCC said.

The commission has not publicly provided a complete list of the companies involved or detailed the purpose of each questioned transaction.

It has also not announced criminal charges against Adeleke or any other state official over the alleged transfers. The account restriction is therefore an investigative measure and should not be treated as proof that public money was stolen.

The EFCC maintained that the approaching election could not prevent it from protecting state funds. It also said Osun was not the only state whose finances were under examination and rejected claims that its action was politically motivated.

Adeleke questions timing and legal process

Adeleke described the action as unlawful and called on EFCC Chairman Ola Olukoyede to explain why the account was restricted.

“All I ask is for the EFCC chairman to explain to the good people of Osun State and to Nigerians in general why he froze Osun State Government Account, and show proof to support whatever reason he presents,” the governor said.

The governor directed the state’s Attorney General and Commissioner for Justice, Oluwole Jimi-Bada, to begin legal action against the commission.

Jimi-Bada accepted that the EFCC could investigate the state’s financial activities but argued that it could not restrict the account without first obtaining a court order.

“This step will affect government running, but we will challenge the move and ensure that the agency acts within the ambit of the law,” he said.

The state’s Commissioner for Finance, Sola Ogungbile, also warned that the restriction could affect government operations and the welfare of residents.

He denied that the Adeleke administration was using public money for its re-election campaign. That denial, like the EFCC’s allegations, has not yet been tested before a court.

Senior advocate raises court-order question

New Daily Prime spoke with a Senior Advocate of Nigeria experienced in financial and public law, who asked not to be named.

The lawyer said the EFCC had a duty to investigate credible allegations involving public money, but warned that the commission must follow the legal process.

“No state government or public official should be protected from a lawful anti-corruption investigation,” the senior advocate said.

“However, the commission’s investigative powers are not unlimited. The first question is whether the EFCC obtained a valid court order before placing the post-no-debit restriction on the Osun State allocation account.”

The lawyer said the commission should disclose whether judicial approval was obtained without revealing evidence that could harm the investigation.

“If a court order exists, the EFCC should provide enough information to show that it followed the proper process,” the lawyer said.

“If there is no court order, the Osun State Government has strong grounds to challenge the restriction before the Federal High Court.”

Nigerian appellate decisions have previously held that the EFCC must obtain a court order before directing a bank to freeze an account. Those rulings also recognise the commission’s power to seek such an order where it has reasonable grounds to suspect that an account contains proceeds connected to an offence.

The publicly reported EFCC letter instructed First Bank to place the post-no-debit restriction on the account and cited provisions of the EFCC Act and the Money Laundering Act. The letter, as published, did not state whether a separate court order had been obtained.

That question is likely to become central when the matter reaches court.

Concern over salaries and public services

The senior advocate also warned that freezing an entire state allocation account could affect people who are not connected to the investigation.

A prolonged restriction may place pressure on salary and pension payments, hospitals, schools, contractors and other government services.

The lawyer argued that the response should be proportionate to the suspected wrongdoing.

Where investigators are questioning particular transactions or amounts, a court may be asked to protect those funds without preventing the government from meeting every financial obligation.

“Timing alone does not make an investigation unlawful,” the senior advocate said. “But the EFCC must demonstrate that its decision was based on evidence and not political pressure.”

The lawyer also said the state government had a responsibility to provide its financial records and answer legitimate questions about the alleged transfers.

“The government should not rely only on political arguments,” the lawyer added. “It must explain the questioned transactions and allow a lawful investigation to proceed.”

Election timing deepens political tension

The account was restricted 10 days before voters are due to elect a governor, making the timing a major part of the controversy.

INEC moved the election from 8 August to 15 August and fixed 13 August as the final day for campaigns.

Adeleke’s supporters have accused the EFCC of attempting to weaken the administration before the vote. The commission denies this and says it acted because of transactions detected from 2 August.

Neither allegation has been established by a court.

The dispute should also remain separate from the political contest. Voters will decide who should govern Osun, while the courts and investigators must determine whether the account restriction was lawful and whether any public funds were improperly transferred.

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