President Bola Tinubu’s decision to order the Economic and Financial Crimes Commission (EFCC) to vacate the court order freezing the Osun State Government’s bank accounts came after hours of mounting criticism from senior lawyers, the Nigerian Bar Association (NBA), opposition political parties and civil society groups, who warned that the action risked undermining confidence in the forthcoming governorship election.
The Presidency announced on Thursday that Tinubu had directed the anti-graft agency to immediately return to court and discontinue proceedings that led to the freezing of the state’s accounts, describing the timing of the action as “inauspicious” with the Osun governorship election only days away.
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The President said although he remained committed to allowing anti-corruption agencies to operate independently, he considered it necessary to intervene because every action of federal institutions is ultimately attributed to the Presidency and nothing should create the impression that government agencies were being deployed to influence the electoral process.
Tinubu’s intervention followed an unusually fierce backlash against the EFCC after it directed First Bank to place a post-no-debit restriction on Osun State’s statutory allocation account while investigating alleged misappropriation of about ₦11 billion in ecology funds, intervention funds and FAAC allocations. The commission insisted the restriction was lawful and necessary to prevent suspicious movement of funds during its investigation.
The strongest criticism came from the Nigerian Bar Association.
NBA President Afam Osigwe, SAN, argued that the EFCC lacked constitutional authority to impose a blanket restriction on a state’s finances, insisting that although the commission could seek court orders against specific accounts suspected to be linked to fraud, it could not lawfully cripple the finances of an entire state government.
Chief Mike Ahamba questioned the legal basis for freezing a state’s account, while Adeyinka Olumide-Fusika maintained that any restriction on bank accounts required judicial authorisation. Isiaka Olagunju also described the action as inconsistent with the principles of federalism and the Constitution.
The African Democratic Congress (ADC), Labour Party, Nigeria Democratic Congress (NDC), Social Democratic Party (SDP) and Young Progressives Party (YPP) condemned the restriction, alleging that the action could create the perception of federal interference ahead of the August 15 governorship election. The ADC described the move as “political terrorism,” while the Osun State Government accused the EFCC of attempting to destabilise the state.
Civil society organisations also weighed in, warning that freezing a state’s operational account without compelling legal justification could set a dangerous precedent for federal-state relations.
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Despite the backlash, the EFCC defended its decision, insisting it acted within powers granted under the EFCC Act and the Money Laundering (Prevention and Prohibition) Act. The commission argued it could impose a temporary restriction on suspicious accounts for up to 72 hours before seeking judicial approval for a longer freeze and maintained that only one account—not all Osun government accounts—was affected.
Faced with growing legal and political controversy, Tinubu broke from his long-held position of non-interference in the operational decisions of anti-corruption agencies, ordering the EFCC to immediately vacate the freeze.
“I am duty-bound to issue a directive… to preserve public confidence and the integrity, credibility and fairness of our democratic process,” the President said.
The episode has now shifted the debate beyond the alleged ₦11 billion investigation to broader questions about the limits of the EFCC’s powers, the independence of anti-corruption institutions and the balance between criminal investigations and electoral neutrality as Osun prepares for a closely watched governorship election.
