Osun State Governor Ademola Adeleke has commenced legal action against the Economic and Financial Crimes Commission (EFCC) over the freezing of the state’s salary account, describing the anti-graft agency’s action as unconstitutional, unlawful and a violation of due process.
The governor said he had directed the Osun State Attorney-General to institute proceedings at the Federal High Court in Osogbo to challenge the EFCC’s directive, which he alleged was issued without a court order.
The legal battle follows the EFCC’s decision to freeze the salary account domiciled with First Bank as part of an ongoing investigation into alleged suspicious financial transactions involving the state government.
Addressing journalists in Osogbo on Wednesday, Adeleke accused the commission of acting outside the law by ordering the bank to freeze the state’s accounts without judicial authorisation.
According to him, the state government received a letter from its banker notifying it of the EFCC’s directive to immediately place the accounts under restriction.
He maintained that the commission lacked the constitutional powers to freeze a state government’s account without first obtaining an order of court.
“The freezing of Osun State Government accounts without a court order is unconstitutional, illegal and a violation of the rule of law,” Adeleke said.
The governor called on EFCC Chairman Ola Olukoyede to publicly explain the reasons behind the action and provide evidence justifying the freezing of the accounts.
He warned that allowing federal agencies to take such measures against sub-national governments without following due process could erode constitutional democracy and undermine the rule of law.
Adeleke also linked the account freeze to what he described as sustained intimidation of his administration and members of the Accord political movement ahead of the August 8 governorship election.
He alleged that the state had witnessed the paralysis of the local government system, arrests of political leaders and harassment of supporters, but insisted his administration would not be distracted.
Despite the legal dispute, the governor said government activities would continue uninterrupted while the matter is pursued in court.
EFCC defends action
The EFCC, however, defended its decision, insisting the restriction was necessary to prevent the alleged diversion of public funds.
A source familiar with the investigation disclosed that more than N18 billion had been withdrawn from the salary account under scrutiny through 14 separate transactions in less than two months.
The source, who requested anonymity because he was not authorised to speak publicly, rejected allegations that the commission’s action was politically motivated ahead of the governorship election.
According to the source, investigators became concerned after observing unusual financial activities in accounts ordinarily used for monthly salary payments.
The official alleged that accounts expected to record a single monthly salary transaction instead witnessed multiple large transfers within a short period, prompting the anti-graft agency to intervene.
The source maintained that the EFCC could not ignore suspicious financial movements simply because of the prevailing political atmosphere.
ADC, lawyers fault account freeze
The development has triggered political and legal reactions, with the African Democratic Congress (ADC) condemning the freezing of the state’s account as “political terrorism.”
The opposition party alleged that the action formed part of a “win-at-all-cost” agenda capable of undermining Nigeria’s democracy, particularly as Osun prepares for Saturday’s governorship election.
Some legal practitioners and civil rights groups also questioned the EFCC’s action, arguing that freezing a state government’s account without a court order raises serious constitutional concerns and due process issues.
Police deploy 15,000 officers
Meanwhile, the Nigeria Police Force has announced the deployment of 15,000 personnel across Osun State to ensure security before, during and after Saturday’s governorship election.
The police also warned political parties, candidates and their supporters against acts of violence, voter intimidation and other electoral offences, assuring residents of adequate security throughout the exercise.
The dispute over the frozen salary account has added another dimension to the already tense political atmosphere in Osun, with the courts now expected to determine whether the EFCC acted within its statutory powers or exceeded its authority by freezing the state’s account without prior judicial approval.
