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Court okays EFCC ’s power to freeze suspicious accounts
The Court of Appeal in Abuja has affirmed the power of the Economic and Financial Crimes Commission ( EFCC ) has the power to freeze suspicious accounts.
The court said the anti-graft agency can direct banks to suspend operation of accounts suspected to have been used for criminal activities, or any account of into which slush funds and proceeds of crime have been deposited.
The court, however, said such a directive by the EFCC to banks must be followed by an order of a court for interim freezing, which it must obtain from a competent court, to enable it conduct investigation to ascertain the origin of the funds.
The appellate court said these in a unanimous judgment by its three-man panel on an appeal by Messrs A. R. Security Solutions Limited, which challenged the refusal by a Federal High Court in Abuja to vacate an interim freezing order earlier granted against it.
Justice Binta Nyako of the Federal High Court, Abuja had on January 25, 2016, granted an ex-parte application by the EFCC for, among others, an interim freezing order on A. R. Security accounts with Heritage Bank.
R Security applied to the court to have the order set aside, a request Justice Nyako, in a ruling on April 22, 2016, refused, prompting the company to approach the appellate court.
Justice Mohammed Mustapha, who prepared the lead judgment of the appellate court, resolved the sole issue raised for determination against the appellant.
The issue was whether the trial court was right to have held that the EFCC could obtain an order of court to temporarily freeze the appellant’s account, once the account is the subject of investigation.
Justice Mustapha said while the EFCC was empowered, under sections 28 and 29 of its establishment Act to trace, attach and apply for interim freezing order on such suspicious accounts, the court, under Section 44(2)(k) of the Constitution, was empowered to grant such interim injunction.
He said: “The respondent ( EFCC ) clearly bears the burden of establishing that there is a prima facie evidence that the property in issue is liable to be forfeited on account of its being proceed of crime.
“That burden is discharged once there is an arrest for an offence under the Act ( EFCC Act), and the respondent traces the assets and attaches the property of the accused person acquired as a result of economic and financial crimes. That done, the respondent is entitled to an interim attachment order by the court.”
Justice Mustapha agreed with the appellant that the EFCC must show that the origin of the suspicious funds is illegal.
He added: “If bank accounts have to be investigated with any degree of success for the purpose of tracing criminality in transactions, how else can that be done without exercising some degree of control over the account?
“It stands to logic and common sense that any serious investigation of criminality in a bank account has to first and foremost start with taking control of the bank account or at least putting restraints on the account; anything short of that will be quixotic, because funds in the account investigated will simply take a flight. That is the logic behind sections 28 and 29 of the Act.
“Prima facie proof starts, for the purpose of the Act, with arrest of the accused person for financial and economic crimes, which now denotes, at this stage, that the monies in the account are likely proceeds of crimes, and therefore, liable to forfeiture, thus necessitating the grant of the interim order.
“It is for these reasons that the money in the accounts is fair game, because that attachment and proper investigation of such accounts will assist the respondent (EFCC) in prosecuting the accused successfully or consequently lead to the discharge of the order, depending on how the investigation goes.
“The need for credible evidence, showing the money to be proceeds of crime, underscores the necessity for the respondent’s mandate to ‘immediately trace and attach’ the property.”
He added that the grant of the interim order by the court was to enable the EFCC conduct a holistic investigation on the account to enable it establish whether or not the origin of the funds in the affected account was illegal.
“It has to be pointed out that ultimately, it is for the same reason that the grant of interim order becomes necessary, as it explains the necessity for the respondent to have, not only access, but control of the account, by having it frozen, anything else might end up being pyrrhic for the respondent,” Justice Mustapha said.
Other members of the panel – Justices Abubakar Datti Yahaya and Tani Yusuf Hassan – agreed with the lead judgment a copy of which was seen by The Nation.
The lawmaker representing Akinyele/Lagelu Federal Constituency of Oyo State, Olafisoye Akinmoyede, has denied allegations of violence at the All Progressives Congress (APC) state secretariat, describing claims that he assaulted a party member as false and politically motivated.
An online platform, IMPARTNEWSNETWORK, had alleged that Akinmoyede assaulted one Gafar Oyebade during a meeting convened by the state chairman of the party, Alake Adeyemo, to resolve issues surrounding the executive list of the APC in Lagelu Local Government Area.
However, Akinmoyede, in a statement on Tuesday, said the meeting was peaceful and attended by key members of the state executive, including the chairman, deputy chairman, and secretary, who witnessed the proceedings.
He clarified that contrary to Oyebade’s claim of being the party secretary, the official list presented by the state leadership recognised him as the Public Relations Officer.
According to the lawmaker, following the clarification, the state executive directed the Lagelu Local Government chairman, Fatai Awoyoola, to proceed with the swearing-in of other party officials.
Akinmoyede also faulted attempts to link the incident with the 2019 killing of a former federal lawmaker, noting that a court of competent jurisdiction had already ruled on the matter.
He said, “In Suit No. I/70c/2019, delivered by Justice Mufutau Adegbola on January 23, 2020, all those accused were discharged and acquitted.”
The lawmaker expressed concern over what he described as a deliberate attempt to mislead the public, alleging that Oyebade, a public school teacher under the Oyo State Government, should not be involved in partisan politics.
He described the allegation as a “recycled script” aimed at tarnishing his image ahead of political activities, urging constituents to remain calm.
Akinmoyede also called on journalists to verify information before publication and urged security agencies to take action against individuals who file false reports.
“These tactics surface every election cycle. Those behind them should learn to accept the outcomes of political processes. They failed before and will fail again. Power comes from God,” he added.
The lawmaker representing Akinyele/Lagelu Federal Constituency in the House of Representatives, Hon. Olafisoye Akinmoyede, has denied allegations of assault levelled against him by a member of the All Progressives Congress (APC) in Lagelu Local Government Area, Mr. Gafar Oyebade.
Akinmoyede described the allegation as “false” and “a lie taken too far,” insisting that no physical altercation occurred.
The denial was contained in a statement issued on Monday by his Legislative Aide, Dr. Isiaq Akintunde.
Oyebade had alleged that he was hospitalised following a confrontation during a meeting held at the office of the state party chairman in Oke-Ado, Ibadan, convened to resolve a leadership dispute in the local government.
But the federal lawmaker maintained that the meeting was peaceful and attended by top party officials.
“The meeting was convened to clarify Mr. Oyebade’s position within the local executive, and it was attended by the State Party Chairman, his deputy, the secretary, the publicity secretary, and other key state executives, all of whom witnessed the peaceful proceedings,” the statement read.
He added that contrary to Oyebade’s claim of being the party secretary, the official list presented by the Lagelu Local Government Party Chairman, Hon. Fatai Awoyoola, identified him as the Public Relations Officer.
According to Akinmoyede, the state executive thereafter directed Awoyoola to proceed with the swearing-in of the remaining members of the local government executive.
The lawmaker accused Oyebade of fabricating the allegation to advance political interests.
“I wonder why Mr. Gafar Oyebade, a secondary school teacher, would claim he was assaulted in the presence of the State Executive. This is an attempt to justify money allegedly collected from an aspirant to tarnish my image,” he said.
Akinmoyede further claimed that Oyebade was seen walking freely after the meeting and was not hospitalised as alleged.
He also raised concerns over Oyebade’s involvement in partisan politics, noting that civil servants are restricted from active participation in political activities.
The lawmaker called on security agencies and the media to investigate the incident at the party’s Oke-Ado office to ascertain the veracity of the claims.
Efforts to reach Oyebade for comments were unsuccessful as of the time of filing this report.
The lawmaker representing Ibarapa East/Ido Federal Constituency and Chairman, House Committee on Federal Roads Maintenance Agency, Aderemi Oseni, has declared his intention to contest the Oyo South Senatorial seat in the 2027 general elections.
Oseni made his aspiration known during a high-level meeting with the Ibarapa APC Elders’ and Leaders’ Forum, comprising the G9 and the expanded G64 caucus, held at the party secretariat in Eruwa, Ibarapa East Local Government Area, over the weekend.
The G9 and G64 groups consist of influential stakeholders drawn from Ibarapa East, Ibarapa Central, and Ibarapa North local government areas.
In a statement issued on Monday by his media aide, Idowu Ayodele, and made available to journalists in Ibadan, the lawmaker expressed appreciation to the forum for their support and confidence in his leadership and vision.
He said his ambition to represent Oyo South Senatorial District was anchored on a determination to consolidate and expand his record of performance.
Oseni said, “This aspiration is not built on mere rhetoric, but on the continuity and expansion of a proven track record of quality representation and grassroots-oriented governance.”
While soliciting the support of party leaders, he described his ambition as a divine call to serve the people with renewed dedication.
According to him, “This is not a time for self-glory but a sacred responsibility to intensify efforts towards real development, bring more relief to our people and ensure inclusive governance.”
He pledged not to betray the trust reposed in him by party elders and faithful, stressing that his aspiration is rooted in progressive ideals and a genuine commitment to the development of the district.
Oseni also urged leaders in the zone to mobilise support towards delivering one million votes for President Bola Tinubu in the forthcoming election.
Speaking at the meeting, a leader from Ibarapa East, Chief Michael Morawo, lauded the lawmaker for delivering democratic dividends and strengthening the party structure. He added that Oseni has demonstrated commendable leadership through his performance, noting that his impact in stabilising the party within the constituency is evident.
Similarly, a former council chairman in Ibarapa Central, Chief Theophilus Adenrele, commended the lawmaker for not betraying the trust reposed in him. Also, a chieftain from Ibarapa North, Chief Francis Babalola, described Oseni as a humble leader committed to progressive ideals, dismissing speculations about his possible defection if he does not secure the governorship ticket.
In his remarks, the Chairman of the forum, Chief Timothy Jolaoso, said the lawmaker enjoys widespread grassroots acceptance that cuts across political divides.
Jolaoso said, “All indicators consistently point to Oseni as a candidate with acceptance that transcends party lines. He is not only capable but a man of deep faith with proven empathy for the downtrodden.”
He added, “He possesses the goodwill, financial strength, and public trust required for leadership.”
The elder statesman further noted that Oseni’s performance in the House of Representatives, alongside his role as Chairman of the FERMA Committee, underscores his competence and commitment to development.
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