The Federal High Court in Abuja has dismissed a suit filed to restrain the Economic and Financial Crimes Commission (EFCC) from arresting or prosecuting Lagos State Governor Babajide Sanwo-Olu after his tenure.
Presiding Judge Joyce Abdulmalik struck out the case on October 31 after Gbenga Femi Akande, the counsel representing Sanwo-Olu, moved to withdraw the lawsuit.
The suit, filed by lawyer Darlington Ozurumba on behalf of Sanwo-Olu, claimed the EFCC was planning to arrest and prosecute the governor after his tenure ends on May 29, 2027. It argued that such an action would violate his constitutional rights to personal liberty and freedom of movement under sections 35(1) & (4) and 41(1) of the Nigerian Constitution.
The lawsuit sought an order restraining the EFCC from arresting, detaining, interrogating, and prosecuting Sanwo-Olu in connection with his tenure as governor.
The Lagos State Government, however, distanced itself from the case. Lawal Pedro, the Attorney-General of Lagos, stated that Sanwo-Olu did not authorise the lawsuit and would investigate how it was filed without his knowledge. Pedro also clarified that neither the governor nor his aides were under investigation or facing any threat of arrest from the EFCC.
In a counter-affidavit, Ufuoma Ezire, a litigation secretary at the EFCC, denied any plans to arrest or investigate Sanwo-Olu. The anti-graft agency described the case as speculative and baseless, asserting that there was no factual basis for the lawsuit.
On October 31, the court dismissed the suit following the motion filed by Sanwo-Olu’s counsel.
On Tuesday, EFCC counsel Hadiza Afegbua was reportedly surprised to learn the case had already been struck out, as it was not listed among cases for hearing.
The enrolled order showed that only Sanwo-Olu’s counsel, Akande, attended the proceedings that led to the dismissal.
