Alex Enumah in Abuja
The Osun State Governor, Senator Ademola Adeleke, has commenced a N2 billion damages suit against the Economic and Financial Crimes Commission (EFCC), for what he claimed is the unlawful freezing of the State’s Federal Statutory Allocation Account.
Besides Adeleke, other plaintiffs in the suit marked: FHC/ABJ/CS/1763/2026, are the Attorney General of Osun State, and the Accountant General of the state.
Meanwhile, the EFCC, its Chairman, and First Bank Nigeria Limited, are 1st to 3rd defendants respectively in the suit dated and filed on August 6, 2026.
The plaintiffs through their team of lawyers led by Prof. M. T. Adekilekun, SAN, are among others asking the Federal High Court, Abuja, to determine, “Whether, having regard to the express provisions of Sections 1, 6, 36, 44 and 162 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Section 34 of the Economic and Financial Crimes Commission Establishment Act, 2004, the 1st and 2nd Defendants possess the lawful authority to freeze, restrict, block, place a ‘post no debit’ order on, or otherwise interfere with the Osun State Statutory Account maintained with the 3rd Defendant, without regard to due process of law?
The plaintiffs are also asking the court to determine whether by the combined provisions of the Money Laundering Act and EFCC’s Act, the 1st and 2nd Defendants possess the lawful authority to freeze, restrict, block, place a ‘post no debit’ order on, or otherwise interfere with the Osun State Government Federal Statutory Allocation Account, Number 2017170947, maintained with the 3rd Defendant, without first obtaining and serving a valid, subsisting, and specific order of a court of competent jurisdiction?
“Whether, having regard to the effect of the combined express provisions of Section 7(6) of the Money Laundering (Prevention and Prohibition) Act, 2022, and Section 34 of the Economic and Financial Crimes Commission Establishment Act, 2004, and in the absence of an order of a court of competent jurisdiction, this Honourable Court ought not to forthwith set aside the directive given by the 1st Defendant to the 3rd Defendant in a letter dated 5th August 2026 ordering the freezing, restriction, blocking, or placing of a post-no-debit instruction on the Osun State Statutory Account with the 3rd Defendant, given that such action was allegedly taken in violation of due process, and in a manner demonstrably capable of crippling the constitutional and statutory obligations of the Government to the people of Osun State?”
As well as: “Whether, having regard to the effect of the combined express provisions of Section 7(6) of the Money Laundering (Prevention and Prohibition) Act, 2022, and Section 34 of the Economic and Financial Crimes Commission Establishment Act, 2004, and in the absence of an order of a court of competent jurisdiction, the 3rd Defendant did not breach the duty of care owed to the Osun State Government when, on the purported directive of the 1st and 2nd Defendants, it placed a restriction on the Osun State Statutory Account with the 3rd Defendant, given that such action was allegedly taken without a court order, in violation of due process, and in a manner demonstrably capable of crippling the constitutional and statutory obligations and rights of the Government and people of Osun State.”
Upon determination of the questions, the plaintiffs, among other things, urged the court to declare the actions the defendants took with respect to the Osun State account as “unlawful, unconstitutional, ultra vires their powers, null and void, and of no effect whatsoever.”
They further sought:
“An order setting aside, vacating, and nullifying the freezing, restriction, blocking, post-no-debit instruction, or any other restraint placed on the Osun State Statutory Account maintained with the 3rd Defendant vide its letter with Reference No. CR:3000/EFCC/ABJ/HQ/PFS/TA/OSUN/VOL.17/666 dated 5th August 2026 and authored by ACE I Adenike S. Babalola (for: Director, Investigation), for being unlawful, unconstitutional, and without legal basis.
“An order mandating the 3rd Defendant to forthwith unfreeze, unblock, and remove all restrictions, and to allow the Government of Osun State immediate and unrestricted access to and operation of the said Osun State Statutory Account.
“An order of perpetual injunction restraining the 1st and 2nd Defendants, whether by themselves, their officers, agents, servants, privies, or any person acting on their behalf, from freezing, restricting, blocking, placing a post-no-debit instruction on, or otherwise interfering with the Osun State Statutory Account or any other account of the Government of Osun State without following due process of the law.
“An order of perpetual injunction restraining the 3rd Defendant, whether by itself, its officers, agents, servants, privies, or any person acting on its behalf, from acting on any directive, letter, instruction, or request from the 1st and/or 2nd Defendants to freeze, restrict, block, or deny access to the Osun State Statutory Account, except in the manner stipulated by law.”
They also prayed the court to award N2 billion against the defendants to serve as “exemplary and aggravated damages for the unlawful interference with public funds,” as well as an order directing the defendants to pay the costs of the litigation.
Meanwhile, no date has been fixed for the suit, which was filed shortly after President Bola Tinubu directed the EFCC to immediately approach the court to unfreeze the Osun State Federal Statutory Allocation Account.