President Bola Ahmed Tinubu has ordered the Economic and Financial Crimes Commission (EFCC) to immediately take steps to vacate the court order freezing the Osun State Government’s bank accounts, saying the timing of the action could undermine public confidence in the credibility of the forthcoming governorship election.
The President’s intervention follows the EFCC’s decision to place a Post No Debit (PND) restriction on the state’s First Bank account over allegations of financial mismanagement involving about N11 billion in ecology funds, intervention funds and Federal Account Allocation Committee (FAAC) allocations.
In a statement personally signed on Thursday, Tinubu said although he respects the statutory independence of the anti-graft agency and had no prior knowledge of its action, he was compelled to intervene in the overriding public interest.
According to the President, actions taken by federal institutions are often perceived as reflecting his administration, regardless of whether he authorised them.
Tinubu stressed that he has consistently allowed anti-corruption agencies to operate independently without political interference, but argued that the timing of the EFCC’s move—coming just days before the August 15 Osun governorship election—could create the impression of federal interference in the electoral process.
He therefore directed the commission to return to court, vacate the freezing order and discontinue all actions relating to the state government’s accounts.
The President also reportedly spoke directly with Osun State Governor Ademola Adeleke over the development, a move later confirmed by his Special Adviser on Media and Information, Bayo Onanuga.
EFCC Defends Action
The EFCC maintained that the freezing of the account was aimed at protecting public funds and preventing further transfers allegedly linked to suspicious financial transactions.
According to the commission, investigations revealed significant transfers from government accounts into several corporate entities, prompting urgent intervention.
The agency insisted that its decision had no connection with the forthcoming Osun governorship election.
Adeleke Denies N11bn Allegation
Governor Ademola Adeleke rejected allegations that his administration looted N11 billion.
Speaking through the Commissioner for Information and Public Enlightenment, Kolapo Alimi, the governor described the claims as false and politically motivated.
Alimi alleged that the freezing of the account was intended to frustrate the payment of cost-of-living palliatives approved for civil servants.
He added that despite the restriction, the government had successfully paid workers after reaching agreements with organised labour.
The commissioner further accused the EFCC of harassing state officials since March without establishing any evidence of financial misconduct, insisting that Osun’s resources are being utilised for infrastructure projects, workers’ welfare and public services.
Senior Lawyers Disagree Over Tinubu’s Directive
The President’s intervention has divided legal opinion.
Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, argued that Tinubu should have acted through the Attorney-General of the Federation (AGF) in accordance with constitutional procedures.
Falana noted that the EFCC obtained a valid court order before freezing the accounts and maintained that the AGF should have formally taken over the matter before seeking to withdraw or vacate the order.
However, another Senior Advocate of Nigeria, Chief Louis Alozie, defended the President’s action, arguing that Tinubu acted within his constitutional powers to preserve democratic governance and uphold the rule of law.
According to him, the directive does not amount to interference with the EFCC’s statutory duties but reflects the President’s constitutional responsibility to safeguard Nigeria’s democratic institutions.
ADC Raises Questions
The African Democratic Congress (ADC) also questioned the President’s intervention, arguing that it raises concerns about the operational independence of anti-corruption agencies.
Its National Publicity Secretary, Bolaji Abdullahi, said Tinubu’s reference to a court order appeared inconsistent with the EFCC’s earlier public explanations, which focused on the agency’s statutory powers without mentioning judicial authorisation.
The party challenged the commission to clarify why it had not previously disclosed the existence of the court order.
Osun Government Files N2bn Suit
Meanwhile, the Osun State Government has instituted a N2 billion lawsuit before the Federal High Court in Abuja against the EFCC, its Chairman Olanipekun Olukoyede and First Bank over the freezing of its accounts.
The suit seeks declarations that the account restriction is unlawful, unconstitutional and beyond the powers of the anti-graft agency.
The state government is asking the court to immediately set aside the freezing order, compel the bank to restore unrestricted access to the account and permanently restrain the EFCC from taking similar actions without following due legal process.
In addition, Osun is demanding N2 billion in exemplary and aggravated damages for what it described as unlawful interference with public funds, alongside the cost of litigation.
