Gov Adeleke and EFCC (PHOTO: Peoples Gazette)
By PAUL ADAJI, Abuja –
The Osun State Government has instituted a suit before the Federal High Court in Abuja challenging the freezing of its Federal Statutory Allocation Account by the Economic and Financial Crimes Commission (EFCC), while seeking N2 billion in exemplary and aggravated damages.
In the suit marked FHC/ABJ/CS/1762/2026, filed on Thursday, Governor Ademola Adeleke, the Attorney-General of Osun State and the Accountant-General of the state are the 1st to 3rd plaintiffs.
The defendants are the EFCC, its Chairman and First Bank Nigeria Limited.
The plaintiffs, through a legal team led by Prof. M. T. Adekilekun, SAN, are asking the court to determine whether the EFCC acted within its statutory and constitutional powers by directing the bank to freeze the state’s Federal Statutory Allocation Account.
They contend that, under the provisions of the 1999 Constitution, the Economic and Financial Crimes Commission (Establishment) Act, 2004, and the Money Laundering (Prevention and Prohibition) Act, 2022, the anti-graft agency lacks the authority to freeze or place restrictions on the account without first obtaining a valid order from a court of competent jurisdiction.
According to the originating summons, the plaintiffs argued that the EFCC’s directive to First Bank, conveyed in a letter dated August 5, 2026, unlawfully restricted the state’s access to its statutory allocation account and allegedly violated constitutional guarantees of due process and the financial autonomy of the state.
The plaintiffs further asked the court to determine whether First Bank acted lawfully by implementing the EFCC’s directive in the absence of a subsisting court order authorising the restriction.
Among the reliefs sought are declarations that the freezing of the account was unlawful, unconstitutional, null and void, and an order setting aside the restriction placed on the account.
The plaintiffs also urged the court to direct First Bank to immediately restore the state’s unrestricted access to the account.
In addition, they are seeking perpetual injunctions restraining the EFCC from freezing or restricting any Osun State Government account without complying with due process, and restraining First Bank from acting on any such directive except as authorised by law.
The plaintiffs are equally asking the court to award N2 billion as exemplary and aggravated damages for what they described as the unlawful interference with public funds, as well as the costs of the action.
No date has yet been fixed for the hearing of the suit.
The court action came shortly before President Bola Tinubu directed the EFCC to take immediate steps to vacate the order freezing the Osun State Federal Statutory Allocation Account.
