The Osun State Attorney-General and Commissioner for Justice, Mr. Oluwole Jimi-Bada (SAN), has maintained that the Economic and Financial Crimes Commission (EFCC) has no legal authority to freeze the state's statutory allocation account, describing the action as one that raises serious constitutional concerns.
Jimi-Bada stated this on Wednesday while addressing journalists in Osogbo following reports that the EFCC directed First Bank to place a restriction on the Osun State Government's statutory account as part of an ongoing investigation.
He stressed that while the Osun State Government respects the statutory responsibilities of the EFCC and other law enforcement institutions, the commission's actions must remain within the limits prescribed by law.
According to the Attorney-General, the state's position is founded on constitutional principles and due process rather than 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.
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 argued that neither Section 24 of the Money Laundering (Prevention and Prohibition) Act nor Section 38 of the EFCC Act, 2004, grants the anti-graft agency the power to freeze, restrict or interfere with a state's statutory account.
He explained that the account contains public funds designated for critical government responsibilities, including the payment of salaries and pensions, healthcare delivery, education, security and other essential public services.
According to him, restricting access to such funds could disrupt governance and raises constitutional questions that should only be determined by a court of competent jurisdiction.
"The statutory account of Osun State contains public funds meant for governance, salaries, pensions, 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 added.
The Attorney-General, however, reiterated that the Osun State Government is not opposed to legitimate investigations and remains committed to transparency, accountability and cooperation with all relevant law enforcement agencies.
He disclosed that Governor Ademola Adeleke has directed the Ministry of Justice to institute legal proceedings to seek judicial interpretation of the constitutional and statutory issues arising from 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," Jimi-Bada said.
He appealed to residents and stakeholders to remain calm, expressing confidence that the dispute would be resolved through the judicial process and in accordance with the rule of law
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