By Esther Olaoluwa |
The Osun State Government has filed a ₦2 billion suit against the Economic and Financial Crimes Commission (EFCC) over the alleged unlawful freezing of its Federal Statutory Allocation Account.
The suit, marked FHC/ABJ/CS/1762/2026, was filed at the Abuja Division of the Federal High Court by Prof. M. T. Adekilekun, SAN.
The Attorney General of Osun State and the Accountant General of the state are listed as the second and third plaintiffs, while the EFCC, its Chairman and First Bank Nigeria Limited are joined as the first to third defendants.
The state government is challenging the EFCC’s directive to restrict the operation of its statutory account maintained with First Bank.
Osun Challenges EFCC Directive
In the suit, the Osun Government is asking the court to determine whether the EFCC and its chairman have the legal authority to freeze, restrict, block or place a post-no-debit order on the state’s statutory account without following due process.
The plaintiffs are also challenging the legality of an EFCC letter dated August 5, 2026, directing First Bank to freeze or restrict the account.
The state argued that the directive was issued without a prior or concurrent valid and specific order of a court of competent jurisdiction.
It is asking the court to determine whether the EFCC’s action amounts to an unlawful exercise of its powers and violates the constitutional principles of due process, the rule of law and the financial autonomy of the state.
The state government is also challenging whether First Bank can lawfully restrict its access to the account based solely on an administrative directive from the EFCC without a valid court order.
State Seeks Immediate Unfreezing
Among the reliefs sought, the Osun Government wants the court to set aside and nullify the freezing, restriction, blocking or post-no-debit instruction placed on its statutory account.
It is also asking the court to order First Bank to immediately unfreeze the account, remove all restrictions and restore the state government’s unrestricted access to and operation of the account.
The government further wants a perpetual injunction restraining the EFCC, its chairman, officers, agents or anyone acting on their behalf from freezing, restricting or otherwise interfering with the state’s statutory account or other government accounts without due process of law.
It is also seeking an order preventing First Bank from acting on any directive from the EFCC to freeze, restrict or block the account except in accordance with the law.
Osun Demands ₦2bn Damages
The state government is seeking ₦2 billion in exemplary and aggravated damages over what it described as unlawful interference with public funds.
It is also asking the court to order the defendants to pay the cost of the litigation.
The suit follows a directive by President Bola Tinubu for the EFCC to return to court and seek the vacation of the order freezing the Osun State Government account.
The President had expressed concern over the timing of the EFCC action, noting that the state was only days away from its governorship election.
Tinubu said nothing should be done to create the impression that the EFCC or any other federal government agency was being used to interfere with the election.
He directed the EFCC to immediately proceed to court to vacate the order and discontinue the action against the Osun State Government in that regard.
No date has been fixed for the hearing of the suit.
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