* Adeleke sues agency, demands N2bn damages
* Makinde, ADC, NDC condemn EFCC action
By Teddy Nwanunobi
In what looks like a temporary freedom from a punishment, President Bola Tinubu has ordered the Economic and Financial Crimes Commission (EFCC) to vacate the court order freezing the statutory allocation account of the Osun State Government.
Tinubu cited the need to intervene to protect Nigerians’ interest and trust in the “credibility and fairness” of the democratic process.
The anti-graft agency had, on Wednesday, directed that no money be withdrawn from the Osun State Government’s statutory allocation account as part of an ongoing investigation.
A letter dated August 5, 2026, and signed by the Assistant Commander of the EFCC, Adenike Babalola, for the Director of Investigation, instructed the bank to place a post-no-debit restriction on the account pending the conclusion of the probe.
The letter, referenced 3000/EFCC/ABJ/HQ/PFS/TA/OSUN/
It identified the affected account as “Osun State Government Statutory Allocation” with account number 2017170947.
Apparently jolted by public reaction to the order, Tinubu, on Thursday, said he was “deeply embarrassed” by the Ola Olukoyede-led Economic and Financial Crimes Commission’s freezing of the Osun government’s statutory allocation account days before the state’s governorship election on August 15.
Tinubu in a statement signed by him said that the anti-graft agency’s action was ill-timed, adding that he was particularly embarrassed because decisions made by federal institutions were attributed to him as the president.
“I must state that I feel deeply embarrassed not by the EFCC’s exercise of its mandate backed by a court order, but by the timing of the agency’s action. This is so because every action taken by an institution of state, especially at the federal level, is always credited to me, as the president, even when I may not have had any prior knowledge of the action,” Tinubu said.
The EFCC, in a letter dated August 5, asked First Bank Plc to place a ‘Post-no-Debit’ on the state government’s account, claiming that the request was made “to save public funds from being looted.”
“The commission cannot watch idly while a state government’s account is being pillaged,” the EFCC made the clarification in a statement hours after freezing the account, adding that the state government had been under investigation since March 2026 for the “fraudulent handling” of the state’s financial resources.
However, Tinubu said that even though he had yet to be briefed on the situations that warranted the court order, its timing, days before the election, was inauspicious.
“Osun State is only a few days away from its gubernatorial election. Therefore, nothing ought to be done to give an impression that the EFCC or indeed any other agency of the federal government is being used to interfere with the election,” he said.
He ordered the EFCC to vacate the court order freezing the account, citing the need to intervene to protect Nigerians’ interest and trust in the “credibility and fairness” of the democratic process.
“Accordingly, I have directed the EFCC to immediately proceed to the court to vacate the order and discontinue whatever action it has instituted against the Osun State government in this regard,” he said.
The president maintained that since assuming office, he had “deliberately refrained” from interfering in the operations of anti-corruption and law enforcement agencies because he believes they must function within the law and were critical to good governance and the rule of law.
“As president, I am committed to allowing institutions of state to function and take any action they consider necessary in the interest of proper governance without the need for any prior approval,” he added.
The EFCC’s decision generated condemnation from the state government, opposition parties, lawyers, and political analysts, who argued that federal agencies were being used by the Tinubu-led government to frustrate the opposition.
The African Democratic Congress (ADC) and the Nigeria Democratic Congress (NDC) also slammed the EFCC, alleging that the agency’s action was targeted at the opposition ahead of the state’s governorship election.
Meanwhile, the Osun State government has headed to court to challenge the freezing of its account.
In his reaction, the Oyo State Governor Seyi Makinde has described the freezing of the Osun State government’s account by the EFCC as an attempt to influence the August 15 governorship election in the state.
Makinde, in a statement on Thursday, said, “The ‘freezing’ of an official state government account without due legal process goes beyond the powers vested in the EFCC by the laws of our land. And the timing of the action suggests that this is just another attempt by the federal government to unduly influence the forthcoming governorship election in Osun State.”
The governor, who decried the use of federal institutions to disrupt governance in opposition states in the country, accused the Federal Government of witch-hunting specific public office holders.
“As I said in my last newsletter, no government is above scrutiny but when institutions like the Economic and Financial Crimes Commission (EFCC) are utilised to witch hunt specific states or public office holders, it indicates that their investigations are selective and erodes public trust in these institutions.
“The increasing use of federal institutions to disrupt governance in opposition states in Nigeria is condemnable. Federal institutions must remain faithful to their constitutional mandate by acting with fairness, professionalism and political neutrality at all times,” he added.
Makinde urged Nigerians, civil society organisations (CSOs), and the international community to remain vigilant in defence of democracy and rule of law.
“Democracy cannot thrive where our institutions are perceived as instruments of political intimidation. Protecting the independence and credibility of our institutions is essential to preserving public trust and safeguarding Nigeria’s democracy. The rule of law must prevail over the rule of politics,” the governor added.
Also reacting to the EFCC action, the duo of the African Democratic Congress (ADC) and the Nigeria Democratic Congress (NDC) have slammed the agency for freezing Osun government’s bank accounts, alleging that the political intimidation is targeted at the opposition ahead of the state’s governorship election.
The ADC, in a statement by its national publicity secretary, Bolaji Abdullahi, on Wednesday, excoriated President Bola Tinubu’s government for undermining democracy, describing the move as “political terrorism and intimidation” by using federal agencies to act against the political interests of the people ahead of the state’s governorship election.
“The African Democratic Congress (ADC) condemns in the strongest possible terms the freezing of the statutory allocations due to the local governments of Osun State. This is not an administrative decision or a legal dispute. It is political terrorism by the Bola Tinubu-led APC government carried out with the instruments of the Nigerian state in order to achieve the singular objective of undermining the state government ahead of the coming governorship election in the state.
“The freezing of local government funds is only the latest chapter in what has become a systematic campaign to undermine constitutional government in the state. For well over a year, unelected APC loyalists have continued their illegal occupation of Local Government Councils, in open disregard for democratic legitimacy and the rule of law. Instead of protecting constitutional order, federal institutions have looked the other way and even encouraged the illegality,” the ADC statement said.
The party called for the immediate “restoration of all statutory allocations due to the local governments of Osun state, the withdrawal of all forms of federal intimidation against the people of the state, and the restoration of constitutional order”.
Osa Director, NDC’s spokesman, slammed the Tinubu government for brazen “executive rascality”.
“The freezing of Osun State’s account is a brazen display of executive rascality. Never in the political history of Nigeria have we seen a desperate and intolerant government. Why is the APC so afraid of opposition, with their claims of having 31 governors in their fold?
“APC is a disgrace to whatever democracy represents. All the opposition parties and Nigerians should rise up and condemn this abominable act, as APC is just flying a kite towards the 2027 general elections,” Mr Director said.
The EFCC claimed on Wednesday that the Osun state government account was frozen “to save public funds from being looted”. It stated this hours after placing a post-no-debit on the state’s statutory allocation account barely 10 days to the August 15 governorship election.
Meanwhile, the Osun State government has sued the EFCC for freezing its statutory allocation account.
In the suit marked FHC/ABJ/CS/1762/2026, filed on August 5 before the Federal High Court in Abuja, the plaintiffs are asking the court to nullify the anti-graft agency’s directive and award N2 billion as exemplary damages against the commission.
The Osun State Governor, Ademola Adeleke; the Attorney-General of Osun; and the Accountant-General of the state are the plaintiffs in the suit, while the EFCC, its Executive Chairman, and First Bank of Nigeria Limited are listed as defendants.
The plaintiffs are asking the court to determine whether the EFCC has the lawful authority to freeze, restrict or place a post-no-debit order on the state’s statutory account without first obtaining a valid court order.
They also want the court to determine whether the anti-graft agency’s directive to First Bank to freeze the account, without a prior or concurrent order of a court of competent jurisdiction, “does not constitute an egregious act of executive lawlessness, an unlawful resort to self-help, a flagrant abuse of statutory powers, an unlawful suppression of the constitutional powers and functions of the Plaintiffs, a threat to the constitutional and corporate existence of Osun State, a brazen and unlawful denial of the democratic rights and dividends of the people of Osun State, and a direct violation of the fundamental constitutional principles of due process, the rule of law, and the financial autonomy of a federating unit?”
According to the originating summons, the EFCC issued a letter dated August 5, 2026, with reference number CR:3000/EFCC/ABJ/HQ/PFS/TA/
The plaintiffs contend that neither the EFCC nor the bank can lawfully freeze or restrict access to the account without a subsisting order of a court of competent jurisdiction.
Among the reliefs sought, the Osun government is asking the court to declare that the freezing, restriction, blocking or placement of a post-no-debit order on its statutory allocation account without a valid court order is unlawful, unconstitutional, null and void.
It also seeks declarations that the EFCC is bound to act strictly in accordance with the constitution and the EFCC Establishment Act and cannot freeze a state’s statutory allocation account by mere administrative directive.
The state further wants the court to declare that First Bank cannot lawfully deny it access to the account based solely on the EFCC’s August 5 letter “except in the manner stipulated by law”.
The plaintiffs are also asking the court to set aside and nullify the freeze placed on the account, issue perpetual injunctions restraining the defendants from further interfering with the account without judicial authorisation, and award N2 billion as exemplary and aggravated damages for what they described as “unlawful interference with public funds”.