EFCC Can Place PNDs on State Govt Accounts – Court of Appeal

The Federal Court of Appeal, Makurdi Division, has overturned the judgment of the Federal High Court, Makurdi holding the Economic and Financial Crimes Commission, EFCC, from placing the account of the Benue state government on Post No Deposit( PND) for the purpose of investigations, without a court order.

In a unanimous judgment delivered by Justice M.S. Hassan on Thursday, September 22, 2022, the appellate court held that the EFCC has the power to place any account, (state governments’ accounts inclusive) on PND for 72hours, for the purpose of 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 the Federal High Court, Makurdi, had on Tuesday, February 2, 2019 delivered a judgment, holding the EFCC from placing a PND on the account of Benue State government. Dissatisfied with the judgment, the Commission approached the Court of Appeal.

EFCC’s 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.