Osun account blockage: State lawyer claims no judicial directive was received

Prof. Mubarak Adekilekun, counsel to the Osun State Government, has revealed that no court order was served on the state government or First Bank in conjunction with the directive restricting access to the state's statutory allocation account.

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Adekilekun made this statement on Friday during an appearance on Channels Television's Politics Today, amidst the controversy surrounding the Economic and Financial Crimes Commission's restriction of the account.

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According to Adekilekun, the law necessitates the issuance and service of a court order, particularly on the bank, prior to the imposition of any restriction.

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The EFCC's letter to the bank was subsequently transmitted to the Osun State Government, with the bank confirming that no court order was attached to the letter.

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Adekilekun emphasized that the requirement for a court order is a crucial aspect of the law, stating that the EFCC's letter to First Bank was forwarded to the Osun State Government, where it was confirmed that no court order was included.

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The Senior Advocate of Nigeria acknowledged that the EFCC possesses provisions empowering it to act on suspected financial offences, but argued that these powers must be interpreted in conjunction with the Money Laundering (Prevention and Prohibition) Act.

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Adekilekun countered the EFCC's justification for their actions, stating that while there are provisions allowing the EFCC to act, these must be read alongside Section 7 of the MLA, which stipulates that a court order must be served on the relevant party.

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When asked if the EFCC could restrict an account for up to 72 hours before obtaining a court order, Adekilekun maintained that a court order is indeed required, citing Section 7 of the Money Laundering Act.

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He insisted that the laws are clear, and that a court order must be served, adding that the account in question has only been used to receive allocations from the Federation Account.

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Adekilekun dismissed allegations of money laundering, stating that the only money transferred to the account is from the Federation Account, which is a federal domain.

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His position came hours after human rights lawyer and Senior Advocate of Nigeria, Femi Falana, stated that the EFCC had not acted illegally in restricting the account.

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Falana argued that the EFCC has the legal authority to freeze a state government account, provided it obtains a court order within the stipulated period, citing a 2022 Court of Appeal judgment involving the Benue State Government and the EFCC.

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President Bola Tinubu subsequently directed the EFCC to approach the court to vacate the order and discontinue the action, citing the timing of the restriction ahead of the August 15 Osun governorship election.

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When asked if the state government would pursue its legal action despite the President's intervention, Adekilekun stated that the decision would depend on the Osun State Government, adding that he believes the matter should be tried.