The Court of Appeal, Makurdi Division, has overturned the judgment of a Federal High Court, Makurdi barring the Economic and Financial Crimes Commission (EFCC) from freezing the account of the Benue State Government for investigations, without a court order.
In a unanimous judgment delivered by Justice M.S. Hassan on Thursday, 22 September 2022, the appellate court held that the EFCC has the power to place any account, (state governments’ accounts inclusive) on PND (Post No Debt) for 72hours, for investigations, without a court order. The court also set aside the N50million damages awarded against the EFCC by the lower court.
Justice Mobolaji Olajuwon of a Federal High Court, Makurdi, on Tuesday, 2nd February 2019 delivered a judgment holding the EFCC from placing a PND on the account of the Benue State government. Dissatisfied with the judgment, the Commission approached the Court of Appeal.
EFCC counsel, Steve Odiase, canvassed strong arguments against the earlier judgment and the appellate court held that the EFCC acted within its powers to freeze the account of the Benue State government. The court also held that banks are legally bound to obey orders from the EFCC on PND.