The Senior Advocate of Nigeria (SAN), Femi Falana, has declared that the Economic and Financial Crimes Commission (EFCC) has not acted illegally by freezing the Osun State Government’s account.
Penpushing reports that Falana made this clear while featuring on a television programme, emphasizing that the anti-graft agency had the legal authority to freeze the account of a state government, provided it obtained a court order within the stipulated period.
The renowned legal practitioner stressed that the legality of the commission’s powers had been settled by the courts, citing a 2022 Court of Appeal judgment in a case involving the Benue State Government and the EFCC.
“Well, as far as the law is concerned, the EFCC has not acted illegally. As a matter of fact, that came out in the statement of the President: ‘We are… I’m not questioning your mandate and the exercise of your power. However, I’m embarrassed,’” Falana said.
Penpushing further reports that he explained that the Economic and Financial Crimes Commission (EFCC) could place a Post No Debit restriction on a government account for not more than 72 hours before obtaining a court order.
The Human rights lawyer explained that under the law, the Economic and Financial Crimes Commission (EFCC) has the power to freeze the account of the federal government or of any state or local government in Nigeria.
Penpushing also reports that Falana recalled that in 2019, the Federal High Court in Benue State had ruled that the Economic and Financial Crimes Commission (EFCC) lacked the power to freeze the state’s account and awarded N50million in damages against the commission.
The legal icon said the commission appealed the decision and that the Court of Appeal, in a judgment delivered in September 2022, held that the commission had the power to freeze the account and place a PND restriction for not more than 72 hours before obtaining a court order.
Penpushing reports that he declared that, that remains the law in Nigeria today, and equally cited a 2024 Supreme Court judgment arising from a challenge by the Kogi State Government and other states to the powers of anti-corruption agencies to investigate state accounts.
“In 2024, the Kogi State government, joined by many state governments, challenged the investigation—probing of state accounts by EFCC, ICPC, or NFIU. And in a historic judgment, the Supreme Court examined all the relevant laws and came to the conclusion that these agencies have the power to probe the accounts of any organization, either at the federal, state, or local government [level]. That remains the law in Nigeria,” he said.
Penpushing further reports that Falana stated that anyone seeking a change to the existing legal position should approach the National Assembly, insisting that as at today the commission has the power to freeze the account of any government
“If Nigerians—those who are concerned—want the law changed, they can go to the National Assembly. But for now, as of today, EFCC has the power to freeze the account of any state and, in not more than 72 hours, has to go to court,” he said.
Penpushing also reports that Falana recalled that the Economic and Financial Crimes Commission (EFCC) went to court in the Osun case, and the Federal High Court acted on information provided by the commission.
The Senior Advocate of Nigeria (SAN) said the Osun State Government had challenged the legality and validity of the court order, rather than its timing, as he cautioned against creating the impression that anti-corruption agencies should suspend investigations whenever elections are approaching.
“The President referred to the order obtained by the EFCC. And as should be done, the Osun State government has challenged the legality, the validity of the order, not the timing’, Falana said.
“Because we must also be very careful that we don’t give a dangerous impression that when elections are 10 days away, 20 days away, 30 days away, the anti-graft agencies must turn the other eye—’Don’t look at the state or the federal government.’ And so if funds are being moved to the tune of billions of naira, ‘Don’t look at them—I mean, don’t look at those funds because elections are coming. It’s a very dangerous impression that is being created’, he stated.
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