The Attorney-General and Commissioner for Justice of Osun State, Mr. Oluwole Jimi-Bada (SAN), has argued that the Economic and Financial Crimes Commission (EFCC) has no legal authority to freeze the state’s statutory account.
Jimi-Bada made the statement on Wednesday while addressing journalists in Osogbo, following reports that the EFCC placed a restriction on Osun State Government’s statutory account domiciled with First Bank.
According to the Attorney-General, while the state government respects the statutory responsibilities of the EFCC and other government institutions, the laws cited by the anti-graft agency do not empower it to restrict a state’s statutory account.
He stressed that the state’s position is based strictly on constitutional and legal principles, not on political considerations.
“Let me state respectfully that the government of Osun State recognises and respects the statutory mandate of the EFCC and all lawful institutions of government. This statement is not intended as an attack on any person, government, agency or political party; it is purely a legal position taken in the interest of constitutional order and due process,” he said.
Jimi-Bada maintained that Section 24 of the Money Laundering (Prevention and Prohibition) Act and Section 38 of the EFCC Act, 2004, do not grant the commission the power to freeze, restrict or interfere with a state’s statutory allocation account.
He explained that the funds in the account are used to meet critical government obligations, including the payment of salaries, pensions, healthcare, education, security and other essential public services.
“The statutory account of Osun State contains public funds meant for governance, salaries, pension, healthcare, education, security and other essential obligations to the people. Any restriction on such funds raises serious constitutional questions which, in our view, should be determined by a court of competent jurisdiction,” he stated.
The Attorney-General, however, clarified that the Osun State Government is not opposed to lawful investigations and remains committed to transparency, accountability and cooperation with relevant agencies.
He disclosed that Governor Ademola Adeleke has directed him to seek judicial interpretation of the legal issues surrounding the EFCC’s action.
“The Governor of Osun State has instructed me as the Attorney-General and Commissioner for Justice to approach the court for proper interpretation and determination of the issues involved,” he said.
Jimi-Bada urged residents of the state and other stakeholders to remain calm, expressing confidence that the matter would be resolved through the courts.
