EFCC lacks power to freeze Osun statutory account — Attorney-General

The Osun State Attorney-General and Commissioner for Justice, Mr Oluwole Jimi-Bada, SAN, has said the Economic and Financial Crimes Commission (EFCC) lacks the legal authority to freeze the state’s statutory account.

Jimi-Bada made the assertion on Wednesday while addressing journalists in Osogbo.

He spoke in reaction following the reported freezing of the state government’s statutory account domiciled with First Bank by the anti-graft agency.

The Attorney-General said the state government recognises the mandate of the EFCC and other lawful government institutions but argued that the provisions of the laws cited by the commission do not empower it to restrict access to a state’s statutory account.

He said the position of the state government was based on legal and constitutional grounds and was not intended as an attack on any individual, agency or political party.

“Let me state respectfully that the government of Osun State recognises and respects the statutory mandate of the EFCC and all lawful institutions of government. This statement is not intended as an attack on any person, government, agency or political party; it is purely a legal position taken in the interest of constitutional order and due process,” he said.

According to him, Sections 24 of the Money Laundering (Prevention and Prohibition) Act and 38 of the EFCC Act, 2004, do not confer powers on the commission to freeze, restrict or interfere with the statutory account of a state government.

Jimi-Bada explained that funds in the statutory account were meant for essential government obligations, including payment of salaries, pensions, healthcare, education, security and other public services.

“The statutory account of Osun State contains public funds meant for governance, salaries, pension, healthcare, education, security and other essential obligations to the people. Any restriction on such funds raises serious constitutional questions which, in our view, should be determined by a court of competent jurisdiction,” he said.

He, however, stressed that Osun State was not opposed to lawful investigations, adding that the government remained committed to transparency, accountability and cooperation with relevant agencies.

The Attorney-General disclosed that Governor Ademola Adeleke had directed him to approach the court for an interpretation and determination of the legal issues surrounding the EFCC’s action.

 “The Governor of Osun State has instructed me as the Attorney-General and Commissioner for Justice to approach the court for proper interpretation and determination of the issues involved,” he said.

He urged stakeholders and members of the public to remain calm, saying the matter would be resolved through lawful judicial processes.

𝕤𝕖𝕖 𝕞𝕠𝕣𝕖/𝕨𝕒𝕥𝕔𝕙 𝕥𝕙𝕖 𝕧𝕚𝕕𝕖𝕠 𝕙𝕖𝕣𝕖