TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Court affirms EFCC power to freeze suspicious bank accounts

The Citizen by The Citizen
September 4 2017
in Financial Crimes, Headlines
A A
0
Court affirms EFCC power to freeze suspicious bank 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

Previous Post

Nigeria will be the leading black nation – Buhari

Next Post

Petrol now sells N142/ltr, says NNPC

Related Posts

Cash Transfers Office rejects N33.75bn fraud allegation, presents evidence
Financial Crimes

Cash Transfers Office rejects N33.75bn fraud allegation, presents evidence

September 11 2026
FG reopens all 47 unity schools, reaffirms commitment to students’ safety
Headlines

Nigerian students to get free 100MB data to access educational platforms

September 11 2026
Political thugs block Peter Obi’s convoy into Benue
Headlines

Political thugs block Peter Obi’s convoy into Benue

September 8 2026
2027: They may discount us, but our votes will count — Makinde
Headlines

2027: They may discount us, but our votes will count — Makinde

September 8 2026
Foreign investors pull out N266bn from Nigeria in 3 yrs
Business

Foreign investors pull out N266bn from Nigeria in 3 yrs

September 8 2026
Bauchi senator denies sponsoring banditry
Headlines

Bauchi senator denies sponsoring banditry

September 7 2026
Next Post
Petrol now sells N142/ltr, says NNPC

Petrol now sells N142/ltr, says NNPC

Lagos disburses N742m for pensions in August

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Lagos demolishes shanties after four die in community clash

Lagos demolishes shanties after four die in community clash

by The Editor
August 30 2026
0

...

Kano, Sokoto, others spend N53.2bn on scholarships abroad

INEC fixes Sept 19 for Kano Assembly by-election

by The Editor
August 27 2026
0

...

Awujale: Ruling House sues Ogun, kingmakers

Awujale: Ruling House sues Ogun, kingmakers

by The Editor
August 25 2026
0

...

Umahi’s son wins Ohaozara chairmanship as APC sweeps all Ebonyi LGAs

Umahi’s son wins Ohaozara chairmanship as APC sweeps all Ebonyi LGAs

by The Editor
August 24 2026
0

...

APPOINTMENTS

Gov. Yahaya swears in 19 new Gombe permanent secretaries

Gov. Yahaya swears in 19 new Gombe permanent secretaries

by The Editor
September 11 2026
0

...

Niger State governor appoints six commissioners-designate, four aides

Niger State governor appoints six commissioners-designate, four aides

by The Editor
September 8 2026
0

...

Tinubu swears in Enitan as new Head of Service

Tinubu swears in Enitan as new Head of Service

by The Editor
August 28 2026
0

...

Tinubu names new Head of Service

Tinubu names new Head of Service

by The Editor
August 19 2026
0

...

ODDITIES

Palliatives: Sokoto residents feared dead in stampede at Wammako’s residence

Police Inspector slumps, dies after fitness exercise

by The Editor
September 3 2026
0

How friend deceived me to sell my kidney, bought phones with payment — Victim

How friend deceived me to sell my kidney, bought phones with payment — Victim

by The Editor
August 30 2026
0

Umahi files N2.5b defamation lawsuit against bloggers

Umahi files N2.5b defamation lawsuit against bloggers

by The Editor
August 26 2026
0

GLOBAL NEWS

US, Israel, Iran agree to 2-week ceasefire as Trump pulls back on threats

US Appeal Court affirms block on Trump bid to curb mail-in ballots

by The Editor
September 11 2026
0

...

Trump promises Americans $5,000 if Republicans win Congress

Trump promises Americans $5,000 if Republicans win Congress

by The Editor
September 11 2026
0

...

UK bans trade in goods from Israeli settlements in occupied West Bank

UK bans trade in goods from Israeli settlements in occupied West Bank

by The Editor
September 8 2026
0

...

Iran President thanks Putin for Russia’s stance in war with US

Iran President thanks Putin for Russia’s stance in war with US

by The Editor
September 1 2026
0

...

Saudi Arabia halts multiple visas for Nigeria, 13 others as U.S. suspends visa dropbox

US outlines two family visa options for permanent residence

by The Editor
September 1 2026
0

...

State of the States

Fubara orders fresh LG elections in Rivers State

Fubara signs N1.84tt Rivers 2026 budget into law

by The Editor
September 3 2026
0

...

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

by The Editor
September 2 2026
0

...

Gov. Mutfwang convenes security council over Plateau attacks

Gov. Mutfwang convenes security council over Plateau attacks

by The Editor
September 2 2026
0

...

Enugu govt gets commendation for successful hosting of 2nd City Marathon

Enugu govt gets commendation for successful hosting of 2nd City Marathon

by The Editor
September 1 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
EFCC recoveries: The good, the bad and the ugly – Punch

EFCC recoveries: The good, the bad and the ugly – Punch

September 11 2026
NCDC takes over Nasarawa office, plans N400m remodeling

NCDC takes over Nasarawa office, plans N400m remodeling

September 11 2026
Ondo LG shuts schools over security concerns

24 die after consuming herbal drinks in Ondo

September 11 2026
Gunmen kill Polaris Bank manager in Imo kidnapping attack

Gunmen kill Polaris Bank manager in Imo kidnapping attack

September 11 2026

EDITORIAL REVIEW

EFCC recoveries: The good, the bad and the ugly – Punch

EFCC recoveries: The good, the bad and the ugly – Punch

by The Editor
September 11 2026
0

Football’s house of failure – Punch

Football’s house of failure – Punch

by The Editor
September 8 2026
0

FAAC shares N2.09tr to FG, states, local councils as October revenue

FAAC bonanza: Nigeria’s fiscal paradox – Punch

by The Editor
September 3 2026
0

Interstate highways of agony, hollow excuses – Punch

Interstate highways of agony, hollow excuses – Punch

by The Editor
September 1 2026
0

Mass presence of governors in off-cycle elections – Punch

Mass presence of governors in off-cycle elections – Punch

by The Editor
August 27 2026
0

Opinion

 Akpakomiza and other stories

by The Editor
September 1 2026
0

...

‘Fake’ Agency: Adeyemi insists DG appointment genuine

Fake agencies: Why Nigeria still needs Oronsaye report

by The Editor
August 25 2026
0

...

How Adeleke danced back from the dead

How Adeleke danced back from the dead

by The Editor
August 19 2026
0

...

Adeleke’s win and the cost of winning at all costs

Adeleke’s win and the cost of winning at all costs

by The Editor
August 18 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.