President Bola Tinubu has directed the Economic and Financial Crimes Commission (EFCC) to return to court and seek the lifting of the restriction placed on an Osun State Government bank account.
The directive came amid controversy over the EFCC’s action, which occurred only days before the Osun State governorship election.
President Tinubu said he was concerned about the timing of the EFCC’s action, noting that activities by federal agencies are often associated with the Presidency even when the President may not have prior knowledge of them.
In a statement issued by his Special Adviser on Information and Strategy, Bayo Onanuga, Tinubu said he was not questioning the EFCC’s mandate but believed that the timing of the account restriction could create the impression that a federal agency was being used to influence the election.
The President said he had consistently maintained that anti-corruption and law enforcement agencies should operate independently and professionally, without political interference.
According to him, government institutions have clearly defined legal powers and should be allowed to carry out their responsibilities within the law.
Tinubu said he had not been fully briefed on the facts that led the EFCC to obtain the restriction but considered the timing inappropriate because the state was approaching its governorship election.
He therefore directed the commission to approach the court immediately to vacate the order and discontinue the action against the Osun State Government in the matter.
The President also spoke with Governor Ademola Adeleke by telephone, informing him of the directive to have the restriction lifted.
Osun Government Welcomes Tinubu’s Intervention
The Osun State Government welcomed the President’s intervention, describing it as a victory for the rule of law.
The state’s Commissioner for Information and Public Enlightenment, Kolapo Alimi, said the government had no objection to legitimate investigations but would not accept what it described as arbitrary actions.
Alimi commended Tinubu for responding to concerns over the account restriction and appealed to him to also intervene over what the state described as harassment of members of the Accord Party ahead of the election.
He said the state government would confirm with its bankers whether the President’s directive had been implemented.
The EFCC had earlier explained that its action was targeted at one Osun State Government account and was based on suspicions surrounding transactions on the account.
The commission said it was investigating the alleged diversion of about ₦11 billion in ecological funds, intervention funds and Federal Account Allocation Committee (FAAC) allocations.
However, the Osun Government rejected the allegation and accused the EFCC of pursuing a politically motivated investigation.
The state government maintained that there were no public funds to loot, arguing that its available resources were being used for workers’ welfare, infrastructure and other government programmes.
Adeleke Sues EFCC for ₦2 Billion
Meanwhile, Governor Adeleke has filed a ₦2 billion lawsuit against the EFCC over the restriction placed on the state’s Federal Statutory Allocation Account.
The suit, filed at the Federal High Court in Abuja, lists the Osun State Attorney-General and Accountant-General as co-plaintiffs, while the EFCC, its chairman and First Bank Nigeria Limited are named as defendants.
Adeleke is asking the court to determine whether the EFCC had the legal authority to restrict or place a “post-no-debit” order on the state’s statutory account without following due process.
The plaintiffs are also asking the court to declare the EFCC’s action unlawful, unconstitutional and beyond its powers.
They want the restriction placed on the account lifted and are seeking ₦2 billion in exemplary and aggravated damages for what they described as unlawful interference with public funds.
No date had been fixed for the hearing of the suit at the time of the report.
Atiku Condemns Account Restriction
Former Vice-President Atiku Abubakar also criticised the EFCC’s action, describing the timing of the restriction as troubling.
Atiku argued that restricting a state government’s major operational account shortly before an election could disrupt the payment of salaries and the delivery of essential public services.
He said genuine investigations should follow due process and warned that anti-corruption agencies must not be seen as instruments for influencing political outcomes.
Atiku further alleged that recent actions against opposition-controlled states had created concerns about the use of government institutions against political opponents.
He urged Nigerians and opposition parties to resist what he described as a dangerous drift away from democratic principles.
ADC Questions EFCC’s Independence
The African Democratic Congress (ADC) also criticised the development, arguing that the President’s directive raised questions about the claimed operational independence of the EFCC.
The party said the decision suggested that the Presidency could influence the commission’s operational activities when political considerations arose.
The ADC also questioned the Presidency’s description of the restriction as a court order, arguing that only a competent court could vary or vacate an existing court order.
An ADC House of Assembly candidate, Ayodele Adio, said the Presidency’s statement had created confusion and maintained that the rule of law should guide the handling of the matter.
EFCC Defends Its Action
The EFCC, however, maintained that its action was lawful.
The commission’s spokesperson and Director of Public Affairs, Wilson Uwujaren, said the EFCC had not frozen all accounts belonging to the Osun State Government but had placed a temporary restriction on one account after observing suspicious transactions.
He said the restriction was intended to preserve the funds while the commission investigated transactions involving transfers to several entities.
Uwujaren explained that the EFCC had the power under relevant provisions of the EFCC Act and the Money Laundering (Prohibition) Act 2022 to impose a temporary restriction on an account.
According to him, such a restriction can remain in place for up to 72 hours before the commission is required to obtain a court order where necessary.
The EFCC maintained that the action was part of its statutory responsibility and was not intended to disrupt the operations of the Osun State Government.
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