LAGOS State governor Babajide Sanwo-Olu is asking Justice Joyce Abdulmalik of a Federal High Court sitting in the Federal Capital Territory (FCT) Abuja to bar the Economic and Financial Crimes Commission (EFCC) from arresting, detaining or prosecuting him when he leaves office in May 2027.
The fundamental rights enforcement suit was filed on behalf of the governor by his attorney, Darlington Ozurumba.
During a court session on Tuesday, Ozurumba announced the withdrawal of a previous originating summons, stating it has been substituted with a revised motion. He informed the court that the EFCC had been served with the updated motion. However, EFCC counsel Hadiza Afegbua informed the court that she was yet to receive the documents. The court equally observed that proof of service was not available in the court file. The case was thereafter adjourned till the 11th of November for mention.
The original summons, filed on 6 June with the suit number FHC/ABJ/CS/773/2024, raised seven questions and sought 11 reliefs for the governor, addressing concerns over a potential action from the anti-graft agency following the conclusion of his term.
Sanwo-Olu is seeking a declaration that pursuant to Section 37 of the 1999 Constitution, he is entitled to the right to a private and family life, guaranteed both during and after his time in public office. He is also asking the court to affirm his right to acquire, own, operate, and manage both movable and immovable property, including bank accounts in accordance with sections 43 and 44(1) of the same Constitution.
Additionally, he argues that the EFCC’s threats of investigation, arrest, and detention during his governorship are illegal, constituting a violation of his fundamental rights to personal liberty and freedom of movement, as protected under Sections 35(1) & (4) and 41(1) of the Constitution.
Sanwo-Olu asserts that the ongoing harassment and threats of arrest from the EFCC, allegedly instigated by his political opponents, represent a misuse of executive power and an abuse of public office. He seeks court orders to prevent the EFCC from intimidating or prosecuting him in connection with his activities as the governor of Lagos State and to protect his rights against unlawful seizure of property, including his passport and bank accounts.
In the affidavit in support of the motion, a Litigation Secretary in the chamber of the governor’s lawyer, Martha Kanu, alleged that the EFCC is planning to target some of the governor’s aides and family members based on false accusations of fund diversion. She claimed that the Commission is pressuring some aides to provide incriminating statements against the governor and is also threatening contractors associated with state projects to implicate him.
Kanu emphasized that certain political adversaries, in conjunction with EFCC officials, are attempting to fabricate allegations of corruption against Sanwo-Olu’s administration, leading to a campaign of intimidation and harassment aimed at discrediting him.
I Am Not Aware Of Such Suit, Never Briefed Any Lawyer In That Regard – Sanwo-Olu
Meanwhile, Governor Sanwo-Olu has denied filing a suit before the court stopping the Economic and Financial Crimes Commission (EFCC) from arresting and prosecuting his administration after leaving office.
Sanwo-Olu said that there was no time he instructed any legal practitioner to sue the anti-graft agency on his behalf to stop the EFCC from prosecuting him after leaving office.
In a statement released on Tuesday by the Attorney-General and Commissioner for Justice, Lawal Pedro, the governor noted that the story was false and urged Lagosians to disregard the information.
According to the statement, “Our attention has been drawn to the news circulating in a section of the media, titled: “Sanwo-Olu Sues EFCC over alleged plan to arrest, prosecute him after tenure.”
“We need to clarify that Mr. Babajide Sanwo-Olu, at no time, sued or briefed any legal practitioner to file a suit on his behalf concerning the above subject matter.
“Also, it is disingenuous for the governor who enjoys immunity as conferred on him by the Constitution and has almost three years ahead of him to brief any lawyer on this kind of matter.
“To the best of my knowledge, my inquiry confirmed that the EFCC is not investigating the governor and has never invited him or threatened arrest of any member of his staff, domestic or otherwise.
“We are currently investigating how the case came to be without our knowledge.
“For the avoidance of doubt, Mr. Babajide Sanwo-Olu has been an exemplar in terms of service delivery and prudent and judicious management of public resources.
“Therefore, Mr Babajide Sanwo-Olu, who is busy working assiduously on how to improve the living conditions of all Lagosians, does not have anything to fear when he eventually leaves office at the end of his tenure in May 2027.
“We, therefore, enjoin media organisations to be wary of the kind of reports they entertain and publish on their respected platforms in order not to mislead the public”.
Eighteen-Eleven Media