Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has defended the Economic and Financial Crimes Commission (EFCC) over its decision to freeze an account belonging to the Osun State Government, saying the commission acted within the limits of the law.
Falana, who spoke on Channels Television’s Politics Today on Friday, said there was no illegality in the EFCC’s action, noting that President Bola Tinubu had also acknowledged the commission’s legal authority while expressing reservations about the timing.
“As far as the law is concerned, the EFCC has not acted illegally. As a matter of fact, that came out in the statement of the President, that whereas, ‘I’m not questioning your mandate and the exercise of your powers; however, I’m embarrassed,’” Falana said.
The senior lawyer explained that the EFCC has the legal authority to restrict accounts belonging to the Federal Government, state governments and local governments when circumstances warrant such action, provided it obtains the necessary court order within the stipulated period.
“Under the law, the EFCC has the power to freeze the account of the Federal Government or of any state or local government in Nigeria and, in not more than 72 hours, has to go to court,” he added.
Falana also cautioned against creating the impression that anti-corruption agencies should stop investigating suspected financial crimes whenever an election is approaching.
“We must be very careful that we don’t give the dangerous impression that when elections are 10, 20 or 30 days away, the anti-graft agency must turn the other eye. If funds are being moved to the tune of billions of naira, it cannot ignore such transactions simply because elections are coming,” he said.
Commenting on the President’s intervention in the matter, Falana said the concern over the timing could have been addressed through the Attorney-General of the Federation rather than directing the EFCC to take action on the freezing order.
“The embarrassment alluded to by the President would have been handled by the Attorney-General of the Federation. The President would have advised the Attorney-General, ‘I am disturbed by the development in Osun State; please take over the case,” the SAN suggested.
The controversy followed a complaint by Osun State Governor Ademola Adeleke on Wednesday that the EFCC had frozen one of the state government’s accounts. The governor described the action as politically motivated, particularly because it occurred shortly before the Osun governorship election.
The EFCC, however, said the account was restricted after it detected suspicious transfers of public funds to several corporate entities. The commission maintained that the action was part of its statutory responsibility to safeguard public resources.
On Thursday, President Tinubu directed the EFCC to return to court and seek an order vacating the freezing order. While acknowledging that the commission acted within its mandate, the President described the timing as “inauspicious”, saying it could create an impression that the Federal Government was interfering in the forthcoming governorship election.
Governor Adeleke has subsequently instituted a ₦2 billion lawsuit against the EFCC over the matter.
