Osun Accounts: EFCC acted within powers freezing account, says lawyers’ group

By Matilda Ikediobi

ABUJA — The Chairman of the League of Patriotic Lawyers, Abubakar Yesufu, has said the Economic and Financial Crimes Commission, EFCC, acted within its statutory powers when it froze the Osun State Ecological Fund account over concerns about the possible diversion of more than N11 billion in public funds.

Yesufu stated this in a statement issued on Saturday, arguing that the EFCC, as an agency responsible for investigating financial crimes and protecting public funds, had a duty to take preventive measures where there were reasonable grounds to suspect that government funds could be dissipated.

According to him, once a Post No Debit, PND, order issued by the EFCC expires after 72 hours, the commission is required to obtain an order from a court of competent jurisdiction to extend the restriction, unless the initial order has been vacated.

He cited Section 34 of the EFCC Act and Section 7 of the Money Laundering (Prevention and Prohibition) Act as the legal basis for the commission’s action.

Yesufu argued that the EFCC was therefore within its powers to restrict transactions on the Osun State Ecological Fund account where it had concerns over possible diversion.

The League also cited a 2019 case involving the EFCC and the Benue State Government, saying the Federal High Court in Lokoja, presided over by Justice Mobolaji Olajuwon, had imposed a N50 million fine on the commission and sought to restrict its use of a Post No Debit order.

According to the group, the Court of Appeal subsequently overturned the decision and affirmed the EFCC’s power to prevent the dissipation of public funds through a Post No Debit order valid for 72 hours, pending further orders from a court of competent jurisdiction.

The lawyers therefore maintained that the EFCC acted within its statutory powers by restricting transactions on the Osun State Ecological Fund account after, according to them, the commission became concerned that the funds could be used for election-related purposes or diverted outside established financial procedures.

Yesufu also commended the EFCC over its reported disclosure that more than 18 state governors were currently under investigation or scrutiny over alleged financial misconduct and mismanagement of public funds.

He urged the commission to remain firm in its anti-corruption campaign, saying no state or section of the country should be exempt from scrutiny.

The group also commended the EFCC for continuing the prosecution of former Kogi State Governor, Yahaya Bello, saying efforts to recover public funds and prosecute persons accused of financial crimes should be sustained.

The League urged the commission to remain professional and impartial in carrying out its responsibilities, stressing that the fight against corruption should be pursued irrespective of the political affiliation or status of persons involved.

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