Counsel to the Osun State Government, Prof. Mubarak Adekilekun (SAN), has stated that no court order was served on the state government or First Bank in connection with the directive restricting access to the state’s statutory allocation account.
Adekilekun made the remarks on Friday while appearing on Channels Television’s Politics Today, amid the ongoing controversy over the Economic and Financial Crimes Commission’s (EFCC) restriction of the account.
He explained that the law requires a court order to be issued and served, particularly on the bank, before such a restriction can be imposed.
According to him, the EFCC’s letter to First Bank was forwarded to the Osun State Government, but the bank confirmed that no court order accompanied it.
“You will recall that after the letter was written to First Bank in Osun, which in turn transmitted the letter to the state government, the requirement of the law in this regard is that a court order must be issued and served on, especially, First Bank,” Adekilekun said.
“The letter was forwarded to Osun State Government, where First Bank confirmed that no court order was attached to it.”
While acknowledging that certain provisions empower the EFCC to act on suspected financial offences, the Senior Advocate argued that these powers must be interpreted alongside Section 7 of the Money Laundering (Prevention and Prohibition) Act, which requires a court order to be served.
“They were trying to justify their action that if they do not do it, the account could be compromised. Yes, we agree there are some provisions of the law that say EFCC can, but if you interpret this in conjunction with Section 7 of the MLA, it says that there must be a court order served on that party,” he stated.
Responding to suggestions that the EFCC could restrict an account for up to 72 hours before obtaining a court order, Adekilekun insisted that a court order remains mandatory.
He also dismissed money-laundering allegations, noting that the account in question only receives allocations from the Federation Account.
Adekilekun’s comments came hours after human rights lawyer Femi Falana (SAN) said the EFCC had not acted illegally, citing its authority to place a temporary Post No Debit restriction for up to 72 hours before securing a court order.
Falana referenced a 2022 Court of Appeal judgment involving Benue State and stated that the EFCC had approached the Federal High Court in the Osun case.
President Bola Tinubu later directed the EFCC to approach the court to vacate the restriction and discontinue the action, citing the timing ahead of the August 15 Osun governorship election.
When asked whether the state government would continue its legal challenge despite the President’s intervention, Adekilekun said the decision rests with the Osun State Government, adding that he believes the matter should be pursued in court.
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