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From Godwin Tsa, Abuja
The Osun State Government has dragged the Economic and Financial Crimes Commission (EFCC) before the Federal High Court in Abuja, seeking N2 billion in damages over the freezing of its Federal Statutory Allocation Account, describing the action as unconstitutional and taken without lawful authority.
The suit was filed hours after President Bola Tinubu directed the anti-graft agency to return to court and vacate the order freezing the account, saying the timing of the action, coming days before the Osun governorship election, could create the impression of federal interference in the electoral process.
In the suit marked FHC/ABJ/CS/1762/2026, Governor Ademola Adeleke, the Osun State Attorney-General and the state’s Accountant-General are listed as co-plaintiffs.
The defendants are the EFCC, its Chairman and First Bank of Nigeria Limited.
The plaintiffs, through a legal team led by Prof. M. T. Adekilekun (SAN), are challenging the legality of the EFCC’s directive freezing the state’s statutory allocation account and are asking the court to declare the action null and void.
At the centre of the dispute is a letter dated August 5, 2026, signed by ACE I Adenike S. Babalola for the EFCC’s Director of Investigation, directing First Bank to place restrictions on Osun State’s statutory allocation account (No. 2017170947).
The plaintiffs contend that the directive was issued without a valid court order, arguing that the EFCC acted outside its statutory powers.
They based their arguments on provisions of the 1999 Constitution, the EFCC (Establishment) Act, 2004, and the Money Laundering (Prevention and Prohibition) Act, 2022, maintaining that the anti-graft agency cannot freeze a state government’s account without first obtaining a specific court order.
According to the plaintiffs, the action amounts to an unlawful exercise of self-help, an abuse of statutory powers and a violation of Osun State’s constitutional and financial autonomy.
They also accused First Bank of breaching its duty of care by acting solely on the EFCC’s directive without insisting on a valid court order.
The plaintiffs are asking the court to declare the freezing of the account unconstitutional, unlawful, null and void.
They are also seeking orders setting aside the EFCC’s directive, compelling First Bank to immediately restore unrestricted access to the account, and permanently restraining the anti-graft agency from freezing any state government’s account without due process.
In addition, they want the court to restrain First Bank from acting on similar directives issued without judicial authorisation and to award N2 billion in exemplary and aggravated damages, alongside the cost of the suit.
No date has been fixed for hearing.
The suit comes amid growing controversy over the EFCC’s decision to freeze the account, a move that prompted President Tinubu to direct the commission to approach the court to vacate the order, saying nothing should be done to create the impression that federal agencies were being used to influence the forthcoming Osun governorship election.
