Osun State Governor, Ademola Adeleke, has filed a ₦2 billion lawsuit against the Economic and Financial Crimes Commission (EFCC) over the restriction placed on the state’s Federal Statutory Allocation Account.
The suit, instituted before the Federal High Court in Abuja, challenges the legality of the Post-No-Debit directive issued by the anti-graft agency to First Bank Nigeria Limited.
The Attorney-General of Osun State and the state’s Accountant-General were listed as the second and third plaintiffs, respectively.
The EFCC, its chairman and First Bank were joined as the first, second and third defendants in the originating summons filed by a legal team led by M. T. Adekilekun (SAN).
The plaintiffs maintained that the restriction imposed on account number 2017170947 was unlawful, unconstitutional and capable of crippling the state government’s operations.
They also asked the court to award ₦2bn in exemplary and aggravated damages against the defendants for what they described as unlawful interference with public funds.
The state government asked the court to determine whether the EFCC and its chairman had the legal authority to freeze, block or restrict a state government’s statutory allocation account without following due process.
It relied on Sections 1, 6, 36, 44 and 162 of the 1999 Constitution, as well as provisions of the EFCC Establishment Act and the Money Laundering Prevention and Prohibition Act.
The plaintiffs argued that the anti-graft commission could not lawfully issue a Post-No-Debit directive without first obtaining and serving a valid and specific order from a court of competent jurisdiction.
They asked the court to determine whether the EFCC’s August 5, 2026 letter directing First Bank to freeze the account amounted to “an egregious act of executive lawlessness” and an unlawful resort to self-help.
The state also alleged that the action constituted an abuse of statutory powers, interfered with its constitutional responsibilities and threatened its ability to deliver services to residents.
According to the court documents, the plaintiffs are seeking a declaration that the action was a violation of “the fundamental constitutional principles of due process, the rule of law and the financial autonomy of a federating unit.”
First Bank Accused Of Breaching Duty
The Osun Government also questioned whether First Bank could lawfully restrict access to the account solely on the basis of an administrative letter from the EFCC.
It argued that the bank should not have complied with the directive without being served with a valid court order.
The plaintiffs asked the court to declare that First Bank breached the duty of care owed to the state government by denying it access to the statutory account.
They maintained that the restriction was capable of disrupting salary payments, government programmes and other constitutional obligations owed to residents.
The state urged the court to prevent the bank from acting on future directives to freeze government accounts unless the instructions were issued in accordance with the law.
Among the reliefs sought is an order setting aside the EFCC’s letter with reference number CR:3000/EFCC/ABJ/HQ/PFS/TA/OSUN/VOL.17/666, dated August 5, 2026.
