Senior Advocate of Nigeria (SAN), Oba Maduabuchi, has stated that President Bola Tinubu lacks the legal authority to direct or control the activities of the Economic and Financial Crimes Commission (EFCC), insisting that the anti-graft agency must remain independent in carrying out its constitutional mandate.
Speaking during an interview on ARISE Television, Maduabuchi reacted to the controversy surrounding the freezing of the Osun State Government’s statutory allocation account and the President’s subsequent intervention directing that the restriction be lifted.
According to the senior lawyer, while the President was entitled to express concerns over the timing of the EFCC’s action, he could not lawfully issue directives to the commission on how to conduct its investigations.
“The President does not have the power under any law to control the EFCC,” Maduabuchi said.
He explained that the EFCC was established as an independent anti-corruption agency to investigate and prosecute financial crimes, including cases involving public officials.
“The EFCC is supposed to be the dogs that fight corruption, including corruption from the executive, and it will be wrong if the person you are supposed to chase has the power to direct you and do it publicly,” he stated.
Maduabuchi, however, acknowledged that President Tinubu’s comments focused on the timing of the account freeze rather than opposing the investigation itself.
“The President spoke on the timing; he never asked the EFCC not to investigate, and he said the way it was done was wrong. They can unfreeze the account now and continue after the elections,” he said.
The SAN argued that, given the political sensitivity surrounding the forthcoming Osun State governorship election, the President’s intervention on the timing of the action was understandable.
“Given the circumstances, it was very necessary for the President to come into the Osun-EFCC matter,” he added.
The controversy followed the EFCC’s decision to freeze the Osun State Government’s statutory allocation account over an ongoing investigation into the alleged handling of public funds. The move sparked criticism from the state government and opposition figures, who described it as politically motivated.
President Tinubu later directed that the account be unfrozen, saying he was concerned about the timing of the action while maintaining that anti-corruption investigations should continue in line with the law.
(The Sun)
