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ABUJA – The governor of Osun State, Ademola Adeleke, on Thursday, slammed a N2 billion suit on the Economic and Financial Crimes Commission (EFCC) over what he termed the unlawful freezing of the state’s federal statutory allocation account.
The suit, marked FHC/ABJ/ CS/1762/2026, also has the Attorney General of Osun State, as well as the Accountant General of the state, listed as 2nd and 3rd plaintiffs, respectively.
Cited as 1st to 3rd defendants in the originating summons entered before the Federal High Court in Abuja by a team of lawyers led by Prof. M. T. Adekilekun (SAN), are the EFCC, its Chairman, and FirstBank.
Specifically, the plaintiffs posed several legal questions for the court to determine, among which are: “Whether, having regard to the express provisions of Sections 1, 6, 36, 44 and 162 of the constitution of the Federal Republic of Nigeria, 1999 (as amended), and Section 34 of the Economic and Financial Crimes Commission Establishment Act, 2004, the 1st and 2nd defendants possess the lawful authority to freeze, restrict, block, place a ‘post no debit’ order on, or otherwise interfere with the Osun State Statutory Account maintained with the 3rd defendant, without regard to due process of law?
“Whether, having regard to the combined express provisions of Section 7(6) of the Money Laundering (Prevention and Prohibition) Act, 2022, and Section 34 of the Economic and Financial Crimes Commission Establishment Act, 2004, the 1st and 2nd defendants possess the lawful authority to freeze, restrict, block, place a ‘post no debit’ order on, or otherwise interfere with the Osun State Government Federal Statutory Allocation Account, Number 2017170947, maintained with the 3rd defendant, without first obtaining and serving a valid, subsisting, and specific order of a court of competent jurisdiction?”
Upon determination of the questions, the plaintiffs, among other things, urged the court to declare the actions the defendants took with respect to the Osun State account as “unlawful, unconstitutional, ultra vires their powers, null and void, and of no effect whatsoever.”
They also prayed the court to award N2 billion against the defendants to serve as “exemplary and aggravated damages for the unlawful interference with public funds,” as well as an order directing the defendants to pay the costs of the litigation.
Meanwhile, no date has been fixed for the suit, which was filed shortly after President Bola Tinubu directed the EFCC to immediately approach the court to unfreeze the Osun State Federal Statutory Allocation Account.
