‘EFCC Didn’t Serve Court Order On First Bank, State Govt’ – Govt Lawyer

‘EFCC Didn’t Serve Court Order On First Bank, State Govt’ – Govt Lawyer

Counsel to the Osun State Government, Professor Mubarak Adekilekun (SAN), has challenged the Economic and Financial Crimes Commission's (EFCC) restriction on the state's statutory allocation account, insisting that neither the Osun State Government nor First Bank was served with a valid court order authorising the action. Speaking on Channels Television's Politics Today on Friday, Adekilekun

Counsel to the Osun State Government, Professor Mubarak Adekilekun (SAN), has challenged the Economic and Financial Crimes Commission’s (EFCC) restriction on the state’s statutory allocation account, insisting that neither the Osun State Government nor First Bank was served with a valid court order authorising the action. Speaking on Channels Television’s Politics Today on Friday, Adekilekun argued that the law requires a court order to be obtained and served, particularly on the financial institution operating the account, before a Post-No-Debit (PND) restriction can lawfully be imposed.

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The senior advocate acknowledged that the EFCC has statutory powers to investigate suspected financial crimes but maintained that such powers must be exercised in line with the Money Laundering (Prevention and Prohibition) Act. He argued that the commission could not rely solely on the powers of its chairman to restrict a state government’s statutory account without first obtaining and serving a court order as required under Section 7 of the Act. Adekilekun rejected suggestions that the EFCC could temporarily freeze the account for up to 72 hours before seeking judicial approval, insisting that due legal process must precede any such action.

Adekilekun also dismissed allegations that the account was being used for money laundering, noting that the funds credited to it consisted solely of statutory allocations from the Federation Account Allocation Committee (FAAC). He stressed that an action of such magnitude could not be carried out through a mere letter without proper judicial authorisation, warning that restricting a state government’s statutory allocation account without following due process could have serious implications for governance and public administration.

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