Tinubu to EFCC: Go to court, get order to de-freeze Osun account

Shina Abubakar, Olayinka Ajayi, Dickson Omobola  

LAGOS — President Bola Tinubu has directed the Economic and Financial Crimes Commission, EFCC, to immediately approach the court to vacate the order freezing the accounts of the Osun State Government.

The President said he was deeply embarrassed by the timing of the EFCC’s action especially when the state’s governorship election will hold in few days time. 

The President’s directive followed the controversy generated by the EFCC’s move to freeze the state government’s accounts, coming days before the Osun State governorship election.

He also called Governor Ademola Adeleke of Osun State, and informed him of his directive to the EFCC to vacate the court order freezing the state’s account.

Meanwhile, following President Tinubu’s directives to the EFCC to unfreeze Osun State’s account, the state government has commended the President for the huge intervention, describing it as a victory for rule of law. 

In another development, Governor Adeleke, yesterday slammed a N2 billion suit on the EFCC, over what he termed unlawful freezing of the state’s Federal Statutory Allocation Account./

He prayed the court to award N2 billion against the defendants to serve as “exemplary and aggravated damages for the unlawful interference with public funds,” as well as an order directing the defendants to pay the costs of the litigation.

Meanwhile, the Osun State Government rejected the EFCC position that its bank accounts were frozen over alleged “diversion of N11 billion ecological and intervention funds,”  insisting that the commission’s action was politically-motivated.

This came as former vice-president and presidential candidate of the African Democratic Congress, ADC, Alhaji Atiku Abubakar, described EFCC’s action as an assault on democracy, warning that public institutions must not be turned into political weapons against opposition parties.

Also, the ADC, said President Tinubu’s directive to the EFCC, to reverse the freezing order had undermined claims that the anti-graft agency operates independently of the Presidency.

An ADC House of Assembly candidate for Eti-Osa Constituency II, Lagos, Ayodele Adio, has criticised the statement attributed to the Presidency directing the EFCC to vacate what it described as a court order suspending the accounts of the Osun State government, describing the claim as misleading and legally untenable.

But the EFCC, yesterday, insisted that its temporary restriction on an Osun State Government bank account was lawful and backed by provisions of the EFCC Act and the Money Laundering (Prohibition) Act.

In a statement, yesterday by his Special Adviser on Information and Strategy, Bayo Onanuga, President Tinubu said he was concerned about the timing of the action, noting that steps taken by federal institutions are often attributed to him as President, even when he may not have prior knowledge of such actions.

The statement said the President was not embarrassed by the EFCC’s exercise of its mandate, backed by a court order, but by the timing of the action.

“Since assuming office, I have consistently maintained that anti-corruption and law enforcement agencies must be allowed to discharge their statutory responsibilities independently, professionally, without fear or favour, or political interference,” Tinubu said.

He stated that he had deliberately refrained from directing or interfering in the operational activities of the EFCC and other investigative or prosecutorial agencies because strong democratic institutions operating within the law are essential to good governance and the rule of law.

According to the President, institutions of state have been established by law with clearly defined powers and must be allowed to function independently.

Tinubu said although he was yet to be fully briefed on the facts that informed the EFCC’s decision to approach the court for the freezing order, he believed the timing of the action was inappropriate.

“Osun State is only a few days away from its gubernatorial election. Therefore, nothing ought to be done to give an impression that the EFCC or indeed any other agency of the Federal Government is being used to interfere with the election,” he said.

The President said he was compelled to intervene in the matter in the overriding public interest to preserve confidence in the integrity, credibility and fairness of the democratic process.

“Accordingly, I have directed the EFCC to immediately proceed to the court to vacate the order and discontinue whatever action it has instituted against the Osun State government in this regard,” Tinubu stated.

Tinubu calls Adeleke after mandating EFCC to rescind order

President Tinubu also called Governor Adeleke on phone to assure him that he had mandated the EFCC, to take steps to vacate an order freezing a bank account operated by the State.

Presidential spokesman, Bayo Onanuga in a post on X stated this, and said, “President Tinubu in a phone conversation with Governor Adeleke on Thursday informed him about his directive to the EFCC to lift the court order on the Osun State Government account,” Mr Onanuga wrote.

The announcement of the phone conversation came minutes after the presidency announced the directive on the court order.

The EFCC confirmed on Wednesday that it ordered a freeze of an Osun State government’s bank account over suspicion the account was to be used for illegal activities.

The commission also referenced an ongoing investigation into the alleged diversion of about N11 billion in Ecology Funds, Intervention Funds and Federation Account Allocation Committee, FAAC, allocations by the Osun State government.

It’s victory for rule of law, President did well – Osun govt  

State Commissioner for Information and Public Enlightenment, Kolapo Alimi said the state government is not against investigating any of its agencies or establishments but it will not condone arbitariness. 

“We give kudos to the President for listening to voices of reason, what he has done is triumph for the rule of law. We also commend every democrat across the country for lending their voices against arbitariness. 

“The President’s intervention is to right the wrong attempted to be perpetrated by the EFCC in Osun. We also plead with the President to intervene in the ongoing police harassment of members of the Accord party in the State. 

“Some people are using their closeness to the President to intimidate out people as we head into the election. What we plead for is a free and fair election.” 

On whether the directive has been complied with, he said: “We will find out from our bankers tomorrow (today), but I doubt if anyone can counter the powerful directive of the President, but we will confirm with our bankers in the morning.” 

Adeleke files N2bn suit against EFCC

Governor Adeleke, in the N2 billion suit marked FHC/ABJ/CS/1762/2026, before a  Federal High Court sitting in Abuja is challenging what he termed the unlawful freezing of the state’s Federal Statutory Allocation Account.

The Attorney-General of Osun State, as well as the Accountant-General of the state, listed as 2nd and 3rd plaintiffs, respectively.

First to 3rd defendants are the EFCC, its Chairman, and First Bank Nigeria Limited.

Specifically, the plaintiffs posed several legal questions for the court to determine, among which are: 

“Whether, having regard to the express provisions of Sections 1, 6, 36, 44 and 162 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Section 34 of the EFCC Establishment Act, 2004, the 1st and 2nd defendants possess the lawful authority to freeze, restrict, block, place a ‘post no debit’ order on, or otherwise interfere with the Osun State Statutory Account maintained with the 3rd defendant, without regard to due process of law?

“Whether, having regard to the combined express provisions of Section 7(6) of the Money Laundering (Prevention and Prohibition) Act, 2022, and Section 34 of the EFCC Establishment Act, 2004, the 1st and 2nd defendants possess the lawful authority to freeze, restrict, block, place a ‘post no debit’ order on, or otherwise interfere with the Osun State Government Federal Statutory Allocation Account, Number 2017170947, maintained with the 3rd defendant, without first obtaining and serving a valid, subsisting, and specific order of a court of competent jurisdiction?

Upon determination of the questions, the plaintiffs, among other things, urged the court to declare the actions the defendants took with respect to the Osun State account as “unlawful, unconstitutional, ultra vires their powers, null and void, and of no effect whatsoever.

“An order setting aside, vacating, and nullifying the freezing, restriction, blocking, post-no-debit instruction, or any other restraint placed on the Osun State Statutory Account maintained with the 3rd defendant vide its letter with Reference No. CR:3000/EFCC/ABJ/HQ/PFS/TA/OSUN/VOL.17/666 dated August 5, 2026, and authored by Adenike Babalola (for: Director, Investigation), for being unlawful, unconstitutional, and without legal basis.

They also prayed the court to award N2 billion against the defendants to serve as “exemplary and aggravated damages for the unlawful interference with public funds,” as well as an order directing the defendants to pay the costs of the litigation.

Meanwhile, no date has been fixed for the suit, which was filed shortly after President Tinubu directed the EFCC to immediately approach the court to unfreeze the Osun State Federal Statutory Allocation Account.

There’s nothing to loot’ — Osun counters, says account freeze political

The Osun State Government had earlier rejected the EFCC position that its bank accounts were frozen over the alleged “diversion of N11 billion ecological and intervention funds.”

State Commissioner for Information and Public Enlightenment, Kolapo Alimi, faulted the EFCC’s account, describing it as an attempt to cover up an illegal action through unfounded allegations.

Alimi said: “The real reason the commission froze the state account on the order of a political party governorship candidate was to stop payment of palliatives which the state government promised the workers some months ago.”

He, however, said the government had paid the palliatives to workers across the state, adding that the payment followed negotiations arising from workers’ request to cushion the effect of the harsh economic climate.

The commissioner accused the EFCC of “pursuing a hatchet job for Osun APC” through the account freeze.

“We don’t loot public funds in Osun State, we deliver on public goods and services. There is no fund to loot in Osun State as the little resources we have are expended on the many mega projects, workers’ welfare and sectoral developments for the benefit of the masses. We reject attempts to tarnish the image of our hardworking governor.”

Alimi alleged that the EFCC had been conducting a “witch-hunting investigation since March, 2026, without any indicting evidence against top officials” of the government.

He claimed that “officials of the government are being harassed on a weekly basis with the sole aim of distracting them from delivering good governance to the Osun population.

“It is sad that a commission will lie to destroy the image of a state to cover up an illegal action that has backfired,” he added.

According to him, “the alibi from the commission is an afterthought and it cannot stand the test of truth in reality and court of public opinion.”

Atiku faults freeze of Osun accounts, says timing an assault on democracy

Reacting in a statement, yesterday, by Phrank Shaibu, his Senior Special Assistant on Public Communication, Alhaji Atiku Abubakar described the timing of the action as deeply troubling.

“It is impossible to ignore the implications of freezing a state’s principal operational account on the eve of a governorship election.

“Such an action could disrupt governance, delay salary payments, impede essential public services and create an atmosphere of intimidation that has no place in a democratic society.

“If there are legitimate concerns requiring investigation, the law provides due process.

“Anti-corruption agencies must not conduct themselves in a manner that creates the perception that they are being deployed to influence political outcomes or weaken elected governments at critical electoral moments.

“It is becoming increasingly difficult to ignore the pattern under the Tinubu administration, where opposition-controlled states appear to be the consistent targets of coercive federal actions.

“Coming after the prolonged denial of Osun State’s statutory local government allocations, this latest action reinforces the disturbing impression that public institutions are being weaponised to punish political opponents rather than serve the Nigerian people.

“Freezing the state’s allocation account is not merely an attack on the Osun State Government, it is a direct assault on the people of Osun State, whose salaries, essential public services and daily governance stand to suffer.

“The anti-corruption mandate of the EFCC must never be distorted into a political weapon against opposition governments.

“The people of Osun State alone must determine the outcome of their election. No external force or institution of government should, by action or omission, cast a shadow over the credibility of that democratic choice.

“President Tinubu is leaving no one in doubt that he is determined to win elections at all costs. Democracy cannot coexist with the systematic weaponisation of state institutions against political opponents,” he added.

Atiku called on opposition parties and Nigerians committed to constitutional democracy to unite in resisting what he described as “this dangerous drift” against democratic governance.

Your EFCC order exposes anti-graft agency’s lack of independence -ADC to Tinubu

Also, the ADC in a statement by its National Publicity Secretary, Mallam Bolaji Abdullahi, said: 

“If the President possesses the authority to direct the EFCC to withdraw from court proceedings because the political consequences may affect an election, then it follows that he possesses the authority to direct the commission in other operational matters as well. 

“The net implication is that the carefully cultivated argument that these agencies operate entirely independently collapses under the weight of the President’s own statement.” 

It challenged the President to explain where the alleged order came from and why the EFCC never referred to it in its official statements or media appearances.

“It is either the President was misinformed or he had chosen to misrepresent the facts. Either possibility is deeply disturbing.

“Rather than demonstrating institutional independence, it confirms that the Presidency could whimsically intervene or direct one way or another based on political considerations.

“This solo performance by the President actually exposes more than it was intended to conceal.

“It was the overwhelming condemnation from Nigerians, civil society, political parties, and the wider public who recognised the account freezing for what it was: an extraordinary abuse of state power meant to influence the outcome of the governorship election,” the statement said.

Court order claim misleading, legally untenable — ADC state Assembly candidate

Meanwhile, Adio in a statement, yesterday, Adio said: “There was no court order to vacate. More importantly, even if such an order existed, the EFCC has no legal authority to vacate or set aside a court order. Only a competent court can vary, discharge or vacate its own orders.”

He questioned the basis of the Presidency’s statement, arguing that it had created unnecessary confusion over an issue that should be governed strictly by the law.

“What exactly is being presented to Nigerians? The rule of law cannot be replaced by public relations. Public institutions must operate within the limits of the law, not manufacture narratives that cannot withstand legal scrutiny,” he said.

EFCC can freeze accounts for 72 hrs without court order – Spokesman

Speaking on Arise Television, yesterday, EFCC spokesperson and Director of Public Affairs, Wilson Uwujaren, said: “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.

“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.

“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.

“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?”

“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.

“It’s just a targeted freezing. Once we are satisfied that activities on that account are no longer suspicious, it will be lifted.

“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, Sub-section 6 of the Money Laundering (Prohibition) Act 2022 give us that authority to take that step.

“The restriction order can last within 72 hours before we can come with a court order if we need to provide a court order,” he said.

The President should have acknowledged the bishops’ concerns respectfully to foster constructive dialogue. Following Cardinal John’s television appearance, presidential aide Temitope Ajayi should have refrained from public commentary to avoid unnecessary escalation.

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