Osun State Governor *Ademola Adeleke* has dragged the Economic and Financial Crimes Commission, EFCC, to court, demanding ₦2 billion in damages over what he described as the “unlawful and unconstitutional” freezing of the state’s Federal Statutory Allocation Account.
The suit, filed at the Federal High Court in Abuja, also lists the *Attorney General of Osun State* and the *Accountant General of Osun State* as 2nd and 3rd plaintiffs.
Named as 1st to 3rd defendants are the *EFCC, its Chairman, and First Bank Nigeria Limited*. The originating summons was filed by a legal team led by *M. T. Adekilekun, SAN*.
—The Core of Osun’s Case: “No Court Order, No Freezing”—
The Osun Government is asking the court to determine whether the EFCC had lawful authority to freeze the account without a court order.
Key questions posed include:
1. Constitutional Authority
Whether, under Sections 1, 6, 36, 44 and 162 of the 1999 Constitution as amended, and Section 34 of the EFCC Act 2004, the EFCC can “freeze, restrict, block, place a ‘post no debit’ order on, or otherwise interfere” with Osun’s statutory account without due process.
2. Money Laundering Act Compliance
Whether, under Section 7(6) of the Money Laundering (Prevention and Prohibition) Act 2022 and Section 34 of the EFCC Act, the Commission can act on Account No. *2017170947* domiciled with First Bank without first obtaining and serving a valid court order.
3. Executive Lawlessness Alleged
The plaintiffs contend that the EFCC’s directive to First Bank, via letter Ref: CR:3000/EFCC/ABJ/HQ/PFS/TA/OSUN/VOL.17/666 dated *5th August 2026* and signed by ACE I Adenike S. Babalola, “constitutes an egregious act of executive lawlessness, an unlawful resort to self-help, a flagrant abuse of statutory powers, and a direct violation of due process, the rule of law, and the financial autonomy of a federating unit.”
They argue the action threatens “the constitutional and corporate existence of Osun State” and “brazenly denies the democratic rights and dividends of the people of Osun State.”
4. Bank’s Liability
Osun also wants the court to decide if First Bank breached its duty of care by restricting the account “merely upon an administrative directive” in the absence of a court order.
—Reliefs Sought—
The state government is asking the court for:
1. A declaration that the EFCC’s action is “unlawful, unconstitutional, ultra vires, null and void.”
2. An order setting aside and nullifying the freezing instruction of 5th August 2026.
3. An order mandating First Bank to “forthwith unfreeze, unblock, and remove all restrictions” and restore full access.
4. Perpetual injunctions restraining the EFCC and First Bank from further interference without due process.
5. ₦2 billion as “exemplary and aggravated damages for unlawful interference with public funds.”
6. Cost of the suit.
No date has been fixed for hearing.
—Background: Tinubu Intervenes, EFCC Defends Action—
The lawsuit comes 24 hours after President Bola Tinubu publicly directed the EFCC to immediately approach the court to vacate the order freezing the Osun account. The President said he was “deeply embarrassed” not by the EFCC’s mandate, but by the timing, just days to the Osun governorship election.
The EFCC had on Wednesday confirmed it froze the account, saying it was to prevent movement of funds under investigation and “not connected to the forthcoming election.”
The Commission disclosed it has been investigating Osun State since March 2026 “regarding alleged fraudulent handling of Ecology Funds, Intervention Funds and FAAC to the tune of ₦11,000,000,000.”
Governor Adeleke has however described the freeze as unconstitutional and politically motivated.
The court will now decide whether the EFCC acted within the law, or crossed the line in its fight against corruption.
