Osun Counsel Says No Court Order Was Served In Account Freeze

Osun State Government counsel, Prof. Mubarak Adekilekun, says neither the state government nor First Bank was served with a court order before access to the state’s statutory allocation account was restricted.

The claim is the latest turn in the dispute over the Economic and Financial Crimes Commission’s action on Osun accounts. NaijaTrend earlier reported the presidential directive asking the commission to vacate the account freeze here.

Adekilekun, a Senior Advocate of Nigeria, spoke on Channels Television’s Politics Today. Punch and Vanguard reported him as saying the EFCC first wrote to First Bank, and that the bank later forwarded the letter to the state government without any court order attached.

He argued that the law requires a court order to be issued and served, especially on the bank involved, before a restriction of that nature can take effect. He said the government was not disputing that the EFCC has powers in financial-crime matters, but said those powers must be read alongside the Money Laundering (Prevention and Prohibition) Act.

The EFCC had said it acted over suspected movement of public funds from the account. The Osun government has challenged the restriction, while the wider dispute has drawn political attention because it comes days before the state governorship election.

Vanguard reported Adekilekun as saying the government would continue to press its legal position. Punch reported that he insisted the account restriction could not stand without proper service of the court order on the bank.

Sources: Punch and Vanguard.