EFCC Lacks Power to Freeze Osun Statutory Account — Attorney-General
Osun Attorney-General insists EFCC lacks constitutional authority to freeze the state’s statutory account or restrict government funds.
The Osun State Government has challenged the legality of the reported freezing of its statutory account by the Economic and Financial Crimes Commission (EFCC), insisting that the anti-graft agency lacks the constitutional and statutory authority to take such action.
The state’s Attorney-General and Commissioner for Justice, Mr. Oluwole Jimi-Bada (SAN), stated this on Wednesday while addressing journalists in Osogbo.
His reaction followed reports that the EFCC had frozen Osun State’s statutory account domiciled with First Bank.
Jimi-Bada emphasised that the state government respects the constitutional responsibilities of the EFCC and other government institutions but maintained that the commission’s powers do not extend to restricting access to a state’s statutory allocation.
According to him, the government’s position is based strictly on legal principles and constitutional provisions rather than political considerations.
He said the statement should not be interpreted as an attack on the EFCC, the Federal Government, any political party or any individual.
The Attorney-General argued that neither Section 24 of the Money Laundering (Prevention and Prohibition) Act nor Section 38 of the Economic and Financial Crimes Commission Act, 2004, empowers the commission to freeze or interfere with a state’s statutory account.
He maintained that the relevant laws cited by the commission do not provide any legal basis for placing restrictions on funds constitutionally allocated to a state government.
Jimi-Bada further explained that statutory allocations are essential for the smooth functioning of government and are specifically intended to finance critical public services.
According to him, the funds are used for the payment of workers’ salaries, pensions, healthcare services, educational programmes, security operations and other statutory obligations that directly affect the welfare of citizens.
He warned that restricting access to such funds could disrupt governance and negatively impact the delivery of essential public services across the state.
The Attorney-General reaffirmed the Osun State Government’s commitment to upholding the rule of law while urging all institutions to operate strictly within the limits of their constitutional powers.
He stressed that constitutional order and due process must always guide the actions of government agencies to prevent conflicts between institutions and ensure the protection of Nigeria’s federal structure.
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