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

The Osun State Government has said the Economic and Financial Crimes Commission, EFCC, lacks the legal authority to freeze or restrict access to the state’s statutory account, describing the reported action as one that raises serious constitutional questions.

The state Attorney-General and Commissioner for Justice, Oluwole Jimi-Bada, SAN, stated this on Wednesday while addressing journalists in Osogbo following reports that the EFCC had frozen the state government’s statutory account domiciled with FirstBank.

Mr Jimi-Bada said Governor Ademola Adeleke had directed him to approach a court to seek an interpretation and determination of the legal issues surrounding the commission’s action.

He said the state government recognised and respected the statutory mandate of the EFCC and other lawful institutions but maintained that the laws cited by the anti-graft agency did not empower it to freeze or interfere with a state’s statutory account.

“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,” he said.

“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.”

According to the attorney-general, Section 24 of the Money Laundering (Prevention and Prohibition) Act and Section 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.

He argued that funds in the account were public resources meant to finance critical government responsibilities, including the payment of salaries and pensions, as well as the provision of healthcare, education, security and other essential public services.

“The statutory account of Osun State contains public funds meant for governance, salaries, pensions, healthcare, education, security and other essential obligations to the people,” Mr Jimi-Bada said.

“Any restriction on such funds raises serious constitutional questions which, in our view, should be determined by a court of competent jurisdiction.”

The attorney-general, however, said the state government was not opposed to lawful investigations and remained committed to transparency, accountability and cooperation with relevant law-enforcement and regulatory agencies.

He said the planned court action was intended to obtain judicial clarification on the scope of the EFCC’s powers and ensure that the matter was resolved in accordance with the Constitution and due process.

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

Mr Jimi-Bada urged residents and other stakeholders to remain calm, assuring them that the matter would be resolved through lawful judicial processes.

The development comes amid reports that the EFCC had placed restrictions on Osun State’s statutory account with FirstBank, a move the state government is now challenging on legal and constitutional grounds.