Osun Account Freeze: EFCC Insists It Has 72-Hour Power Without Court Order

Osun Account Freeze: EFCC Insists It Has 72-Hour Power Without Court Order

The Economic and Financial Crimes Commission (EFCC) has firmly defended its decision to restrict an Osun State Government account, asserting that it possesses the legal authority to impose a temporary freeze for up to 72 hours without obtaining a court order. EFCC Director of Public Affairs, Wilson Uwujaren, stated that the action was backed by law and taken after suspicious transactions were detected on the account over the past week. Speaking on Arise Television on Thursday, Uwujaren said the commission acted to preserve the account pending further investigation. “As we indicated in the statement released by the Commission, we took that step to preserve the account of the Osun State Government. We observed in the past one week that activities on that account looked suspicious, and based on the mandate of the Commission, we took the step of placing a restriction on that account to preserve it,” Uwujaren said. He clarified that the commission did not freeze all of Osun State’s accounts, stressing that the restriction applied to only one account. “That restriction order does not mean that all the accounts of Osun State have been frozen. No. It is just a targeted restriction on one account of the Osun State Government,” he explained. Uwujaren said investigators noticed multiple transfers from the account to several corporate entities within one week, prompting the intervention. “The essence, like I said, is just to preserve that account because we observed suspicious activities on that account in terms of the transfer of funds to a number of entities within one week. So we had to take that decision to place a restriction on that account, not minding the fact that there is an election process in place,” he said. He argued that failing to act could have attracted criticism if public funds were later diverted. “We have the responsibility under the law to do so because if we don’t take that step and, for instance, funds are looted from the account of the Osun State Government, I’m sure the Nigerian public will also ask, ‘Where was the EFCC when those funds were being moved?'” Uwujaren stated.

Uwujaren maintained that the restriction would not disrupt governance, noting that the state still had access to other accounts. “It does not stop the Osun State Government from running the government of the state because they have access to other funds in the other accounts that they have. In any case, the payment of salaries and other expenditures by the state government happens just once in a month. What we have done is not a blanket freezing of the account,” he said. He added that the restriction would be lifted once the commission was satisfied that activities on the account were no longer suspicious.

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On the legality of the action, Uwujaren said the commission derived its powers from the EFCC Act and the Money Laundering (Prohibition) Act. “A number of people have asked whether the Commission has the power to do so under the law. I can assure you that we have the power to place a temporary restriction on an account. Section 34 of the EFCC Act and Section 7, Subsection 6 of the Money Laundering (Prohibition) Act 2022 give us that authority to take that step,” he said. He explained that the commission could impose a temporary restriction for up to 72 hours before approaching the court if necessary. “The restriction order can last within 72 hours before we can come with a court order if we need to provide a court order,” Uwujaren stated.

Uwujaren revealed that the EFCC is currently investigating about 18 other states over suspected financial infractions, though he declined to name them to avoid jeopardising ongoing probes. The EFCC spokesman said the action against Osun was not an isolated case, noting that the commission had previously restricted an Edo State Government account over suspected movement of funds into suspicious accounts.

The EFCC had earlier disclosed that it had been investigating the Osun State Government since March 2026 over the alleged fraudulent handling of about N11 billion in Ecology Funds, Intervention Funds and Federation Account Allocation Committee (FAAC) allocations. The commission said some state officials, including the Accountant General, had already been questioned as part of the investigation. The EFCC head of media and publicity, Dele Oyewale, explained that the Commission was compelled to place a Post-No-Debit order on the account after detecting what it described as “precipitate and unwarranted” movement of funds to different suspicious accounts from August 2, 2026. “The Commission noticed huge transfers of funds into different corporate entities and had to swiftly halt the trend by freezing the accounts from which such heavy funds are being moved,” Oyewale stated. The EFCC insisted its action was not politically motivated despite the timing ahead of the Osun governorship election, stressing that it could not overlook financial infractions on account of the poll. “While the Commission is fully aware of the impending governorship election in Osun State, it has a responsibility to act in defence of the sanctity of the funds of the state. It will be uncharitable for the Commission to allow an excuse of an upcoming election to fold its arms to perform its legally-assigned functions,” the EFCC stated.

The controversy has triggered a fierce legal debate, with legal experts pointing to the 72-hour limit for temporary investigative restrictions established by the Court of Appeal in the case of EFCC v. Attorney-General of Benue State. The appellate court held that the anti-graft agency could place a stop order on an account suspected to be connected with financial crime for 72 hours without a court order. Beyond that period, however, the commission must obtain a court order if it intends to maintain the restriction. The appellate court made clear that once the 72-hour period expires without the necessary judicial authorisation, the restriction lapses and the financial institution is required to restore normal access to the account.

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Uwujaren’s comments came after Governor Ademola Adeleke challenged the legality of the account restriction and directed the state’s Attorney General, Oluwole Jimi-Bada (SAN), to contest the action at the Federal High Court in Osogbo. Adeleke described the action as unlawful and a threat to democracy, arguing that it was taken without any court order. The governor alleged that the freezing of the account was the latest in what he described as a coordinated campaign of intimidation against his administration ahead of the August 15 governorship election. He claimed that several Accord Party members had been killed, while about 60 members were arrested and transferred to Abuja where they remain in detention without formal charges. He also accused former Governor Gboyega Oyetola of orchestrating the alleged harassment through federal agencies because, according to him, the All Progressives Congress (APC) candidate “cannot win” the forthcoming governorship election. “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.

The Nigerian Bar Association has also faulted the EFCC over the freezing of Osun State Government’s bank account, saying the anti-graft agency lacks the constitutional power to impose a blanket restriction on a state’s finances without due legal process. NBA President Afam Osigwe (SAN) warned that any directive restricting withdrawals from accounts belonging to a state government would effectively cripple governance and amount to an abuse of power. “No government agency or any person has the right or the power to restrict withdrawals from the account of any state because, first of all, the order has the effect of grounding the activities of a government,” Osigwe said. “If the EFCC knows that any particular account is being used for the purpose of fraud, it may be able to obtain a court order, but it cannot make a blanket order freezing the accounts of any state. Such an order would be unconstitutional and also violate the powers of the EFCC and may actually amount to an abuse of power,” he added. Osigwe urged First Bank not to comply with the EFCC’s directive unless it is backed by a valid court order.

Osun Account Freeze: EFCC Insists It Has 72-Hour Power Without Court Order