Senior lawyers on Wednesday weighed in on the matter, arguing that the EFCC lacks the constitutional and statutory authority to freeze the bank accounts of the Osun State Government without first obtaining a court order.Constitutionallawyer and Senior Advocate of Nigeria, Prof. Konyinsola Ajayi, SAN, said the law is settled that bank accounts can only be frozen pursuant to a valid court order.” It is beyond cavil that this is a bull in the china shop set to break our fragile ware by way of a true federal government being nurtured by the Federal Government,” Ajayi said.
According to him, judicial decisions have clearly circumscribed the powers of the anti-graft agency.”The courts have made two things plain: freeze accounts only on court orders. Second, the EFCC has limited powers.”Combine this with the sovereignty of each state and the crippling effect on millions in the state on suspicion that a few are corrupt or thieving servants,” he added.Ajayiwarned that freezing the accounts of a state government without judicial authorisation would not only offend constitutional principles but also disrupt governance, public services and the welfare of millions of residents who have no connection with any alleged wrongdoing.
Similarly, human rights lawyer and former Chairman of the National Human Rights Commission, Prof. Chidi Anselm Odinkalu, said the EFCC cannot lawfully freeze any account through an administrative directive.
“EFCC needs a court order to do that, sir. It cannot be done lawfully as an administrative act,” Odinkalu stated.
Also weighing in, a Lagos-based legal practitioner, Isiaka Olagunju, said the Nigerian constitution recognises a federal system of government and that anti-corruption investigations must be conducted within the limits of the law.
According to him, where there are allegations of embezzlement or financial misconduct against any state official, the EFCC should target the specific individuals under investigation rather than issue a blanket directive capable of freezing the entire finances of a state government.
He added that the primary responsibility of any government was to ensure the welfare and security of its citizens, warning that any action capable of crippling the financial operations of a state would ultimately hurt innocent residents who depend on government services.
“The primary objective of government is to seek the welfare and protection of its citizens,” he said.
Equally, the Human Rights Writers Association of Nigeria (HURIWA) expressed outrage over the EFCC’s action, describing it as one that raises grave constitutional, legal and democratic concerns.
HURIWA noted that the timing of the reported account restriction—coming in the heat of an election campaign and reportedly affecting an account used for the payment of workers’ salaries—was bound to provoke legitimate public concern about whether coercive state institutions are being deployed in a manner capable of disrupting governance and undermining confidence in the electoral process.
HURIWA in a statement endorsed by its National Coordinator, Emmanuel Onwubiko, noted that democracy cannot flourish where institutions vested with enormous coercive powers are perceived as acting in ways that could tilt the political playing field or create avoidable hardship for citizens.
“It is unacceptable that any action by a federal agency should create the impression that governance in a federating state can be crippled on the eve of an election without the highest standards of transparency, legality and accountability. Such perceptions, if left unanswered, erode public confidence in democratic institutions and the rule of law,” he added.
HURIWA stated that anti-corruption agencies derive their legitimacy from strict fidelity to the Constitution and due process, not from the exercise of raw power.
“The EFCC must remain an impartial law enforcement institution. It must never conduct itself in a manner that gives room for allegations that it is serving political interests rather than the cause of justice.
“The credibility painstakingly built by any anti-corruption institution can be undermined if its actions appear selective, opaque or politically timed.”
Chuks Okocha, Alex Enumah, Yinka Kolawole and Wale Igbintade
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