Femi Falana States EFCC Possesses Legal Authority to Freeze State Accounts

Legal expert Femi Falana defends the EFCC’s authority to freeze state government accounts, citing key appellate and Supreme Court precedents that validate the commission’s investigative powers.

Human rights lawyer Femi Falana has asserted that the Economic and Financial Crimes Commission (EFCC) followed legal procedures by freezing the Osun State Government account, provided that a valid court order was secured. Falana clarified that the commission maintains the power to issue a Post-No-Debit (PND) restriction on government accounts for a brief window before legal backing is required.

Highlighting established legal precedents, Falana pointed to a 2022 Court of Appeal ruling involving the Attorney-General of Benue State. That decision reversed a prior 2019 Federal High Court judgment that had fined the EFCC N50 million for attempting to freeze state funds. The appellate court established that the agency may restrict access to state funds for up to 72 hours, pending an official court order.

Furthermore, Falana cited a 2024 Supreme Court ruling that definitively confirmed the authority of federal agencies to investigate the financial activities of federal, state, and local governments. Addressing the current situation in Osun, Falana noted that while the state government is challenging the validity of the specific court order obtained by the EFCC, the commission’s underlying power to intervene remains legally supported.

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