Femi Falana confirms EFCC authority to freeze state accounts under 72-hour court order rule

Senior Advocate of Nigeria Femi Falana clarifies that the EFCC maintains the legal right to restrict state government accounts, provided they secure judicial backing within 72 hours.

Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has clarified that the Economic and Financial Crimes Commission (EFCC) possesses the legal authority to restrict access to government accounts, including those of state administrations. Speaking on Channels Television, Falana noted that while the commission can place a Post No Debit (PND) restriction on state accounts, it must secure a supporting court order within 72 hours.

The legal expert pointed to a 2022 Court of Appeal decision involving the Benue State Government, which validated the EFCC’s power to enforce temporary account restrictions as long as judicial authorization follows within the three-day window. Falana emphasized that this legal standard currently governs how the commission handles financial oversight across federal, state, and local government levels.

Furthermore, Falana referenced a 2024 Supreme Court ruling that dismissed a challenge from the Kogi State Government and others regarding the investigation of state finances. The apex court affirmed that anti-corruption bodies like the EFCC, ICPC, and NFIU hold the mandate to probe accounts at all tiers of government. Falana concluded that any desire to restrict these powers must be addressed through legislative amendments at the National Assembly, as the present legal framework empowers these agencies to continue their oversight functions.

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