NewzBy Shina Abubakar, Osogbo 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, 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 t…
By Shina Abubakar, Osogbo Osun State Governor, Ademola Adeleke, has directed the state Attorney-General to challenge in court the freezing of a state government account by the Economic and Financial Crimes Commission (EFCC). The governor gave the directive following the restriction placed on an Osun State Government account domiciled with First Bank by the anti-graft agency. Adeleke, while addressing journalists at the Government House, Osogbo, described the action as a breach of the rule of law and demanded an explanation from the EFCC Chairman, Ola Olukoyede, on the reason behind the decision.
He called on Nigerians and residents of Osun State to pay attention to the development, describing it as a matter of public concern. “All I ask is for the EFCC chairman to explain to the good people of Osun State and Nigerians in general why he froze the Osun State Government account and provide evidence to support whatever reason he presents. “This and other actions being taken against Osun State are turning our democracy into a huge joke,” Adeleke said.
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