Osun governor seeks ₦2bn damages as Federal High Court is asked to void the freezing of the state’s statutory allocation account

Osun State Governor Ademola Adeleke has filed a ₦2 billion suit against the Economic and Financial Crimes Commission (EFCC) over the alleged unlawful freezing of the state’s Federal Statutory Allocation Account, asking the Federal High Court in Abuja to nullify the action and restore unrestricted access to the funds.

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The Adeleke Sues EFCC case, marked FHC/ABJ/CS/1762/2026, also lists the Attorney General of Osun State and the Accountant General of Osun State as the second and third plaintiffs.

Named as first to third defendants are the EFCC, its Chairman and First Bank Nigeria Limited, which maintains the state’s statutory allocation account.

In the originating summons, filed by a legal team led by Prof. M. T. Adekilekun (SAN), the plaintiffs asked the court to determine whether the anti-graft agency acted within its constitutional and statutory powers by directing the bank to freeze the account without first obtaining an order from a court of competent jurisdiction.

The suit raises several constitutional questions, including whether the EFCC can lawfully freeze, restrict or place a post-no-debit instruction on a state’s statutory allocation account under the provisions of the 1999 Constitution, the EFCC Establishment Act, 2004, and the Money Laundering (Prevention and Prohibition) Act, 2022 without judicial authorisation.

The plaintiffs argued that the directive issued by the EFCC through a letter dated August 5, 2026, allegedly violated due process and amounted to an abuse of statutory powers capable of disrupting the constitutional responsibilities of the Osun State Government.

They further contended that the action threatened the state’s financial autonomy and undermined the constitutional principles governing Nigeria’s federal structure.

Among the reliefs sought, the plaintiffs asked the court to declare the freezing of the account unlawful, unconstitutional, null and void.

They also requested an order setting aside the restriction placed on the account and directing First Bank to immediately remove all limitations, allowing the Osun State Government unrestricted access to its statutory allocation.

In addition, Adeleke and the other plaintiffs are seeking perpetual injunctions restraining the EFCC from freezing any Osun State Government account in the future without following due legal process, and prohibiting First Bank from acting on similar directives unless backed by a valid court order.

The suit also seeks ₦2 billion in exemplary and aggravated damages for what the plaintiffs described as the unlawful interference with public funds, alongside the cost of the litigation.

The legal action comes against the backdrop of a fresh development involving President Bola Tinubu, who directed the EFCC to immediately approach the court to secure the unfreezing of the Osun State Federal Statutory Allocation Account.

That directive followed growing concerns over the potential impact of the account restriction on the state’s ability to meet its constitutional obligations, including the payment of salaries, execution of public projects and delivery of essential government services.

The case is expected to test the extent of the EFCC’s powers in relation to state government accounts and could provide further judicial clarification on the balance between anti-corruption enforcement and the constitutional protections afforded to Nigeria’s federating units.