Falana: EFCC Has Legal Power to Freeze Osun State Government’s Account

Senior Advocate of Nigeria (SAN), Femi Falana, has said the Economic and Financial Crimes Commission (EFCC) acted within the law by obtaining a court order to freeze the Osun State Government’s account.

Falana, speaking on the controversy surrounding the freezing of the account on Channels Television, said the EFCC has the legal authority to freeze the accounts of the Federal Government, state governments and local governments, provided it obtains the necessary court order within the stipulated period.

According to him, the issue has already been settled by the courts, particularly in the case involving the Attorney-General of Benue State and the EFCC.

He explained that although the Federal High Court had initially ruled in 2019 that the EFCC lacked the power to freeze the state government’s account and awarded damages against the commission, the Court of Appeal reversed the decision in 2022.

“The Court of Appeal held that the EFCC has the power to freeze the account of that state and placed a period of not more than 72 hours before obtaining a court order. That remains the law in Nigeria today,” Falana said.

He further cited a 2024 Supreme Court judgment arising from a legal challenge involving the Kogi State Government and other state governments, saying the apex court affirmed the powers of relevant agencies to investigate the accounts of federal, state and local governments.

Falana stressed that the law, as it currently stands, empowers the EFCC to freeze a state government’s account, subject to obtaining a court order within 72 hours.

“In this instance, the EFCC went to court, and the Federal High Court intervened based on information provided by the EFCC,” he said.

He noted that the Osun State Government had challenged the legality and validity of the court order, rather than merely questioning the timing of the EFCC’s action.

Falana also cautioned against giving the impression that anti-corruption agencies should suspend investigations as elections approach.

He argued that political considerations should not prevent anti-graft agencies from investigating alleged financial wrongdoing, warning that doing so could create a dangerous precedent.

“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,” he said.

According to him, the law should be allowed to take its course regardless of political affiliations, electoral considerations or public sentiments.

He, however, said Nigerians who believe the existing legal framework should be changed have the option of approaching the National Assembly to amend the law.

“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,” Falana maintained.