The African Democratic Congress (ADC) has welcomed President Bola Ahmed Tinubu's directive ordering the Economic and Financial Crimes Commission (EFCC) to discontinue its attempt to freeze the bank accounts of the Osun State Government. However, the party says the President's explanation for the reversal has raised serious constitutional, legal, and political questions that require immediate clarification.
In a statement issued by the National Publicity Secretary of the ADC, Mallam Bolaji Abdullahi, the party described the President's reference to an alleged court order authorising the freezing of the state's accounts as "curious" and inconsistent with the EFCC's own public position on the matter.
According to the ADC, throughout the controversy, the EFCC consistently defended its actions by citing its statutory powers and what it described as its "preventive mandate," without ever informing Nigerians that it had secured a court order authorising the action.
The party therefore questioned the basis of the President's assertion.
"If such a court order exists, why was it never disclosed by the EFCC while defending one of its most controversial actions in recent times?" the statement asked. "Why was it omitted from the Commission's official statements and public appearances? If no such order exists, why would the President introduce one into the public narrative?"
The ADC argued that the President's explanation leaves only two troubling possibilities: either he was misinformed or he deliberately misrepresented the facts. According to the party, both scenarios raise serious concerns about transparency and accountability.
Questions Over EFCC Independence
The ADC also argued that the President's own statement undermines repeated claims that Nigeria's anti-corruption agencies operate independently of the executive arm of government.
While President Tinubu maintained that he does not interfere in the operational activities of anti-corruption agencies, the ADC noted that he simultaneously announced that he had directed the EFCC to approach the court, vacate the alleged order, and discontinue the case.
According to the party, this admission raises a fundamental question about the true independence of the EFCC.
"If the President has the authority to direct the Commission to withdraw from court proceedings because of the potential political consequences, then it follows that he also possesses the authority to direct the agency in other operational matters," the statement said.
The ADC maintained that this contradicts the long-standing position that anti-corruption agencies function independently of political influence.
Unusual Presidential Communication
The party also drew attention to what it described as the unusual manner in which the President communicated the directive.
Rather than issuing the decision through the Presidency or the appropriate government channels, the statement was personally signed by President Tinubu.
The ADC questioned why the President chose to issue a personally signed press statement instead of simply directing the EFCC through established administrative processes.
According to the party, the approach has generated more questions than answers and appears to expose, rather than conceal, the Presidency's involvement in the agency's actions.
Reversal Attributed to Public Pressure
The ADC rejected any suggestion that the reversal was motivated solely by concerns for democratic integrity.
Instead, the party argued that the decision followed sustained public condemnation from Nigerians, civil society organisations, political parties, and other stakeholders who viewed the freezing of the Osun State Government's accounts as an abuse of state power capable of influencing the outcome of the forthcoming governorship election.
According to the statement, the EFCC would not have embarked on such a far-reaching action in the first place if it had not believed it enjoyed the backing of the Federal Government.
Call for Consistency
The ADC concluded by urging the President to demonstrate consistency in the exercise of the authority he has now publicly acknowledged.
The party argued that if the President can direct a federal agency to discontinue legal proceedings in the interest of democracy and public confidence, he should also consider directing the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and its legal team to discontinue their opposition to the bail application of Mallam Nasir El-Rufai.
The ADC reiterated its commitment to defending constitutional governance, the rule of law, and the independence of democratic institutions, while calling on the Federal Government to ensure that law enforcement agencies are not deployed in ways that undermine public confidence in Nigeria's democratic process.
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