The Economic and Financial Crimes Commission (EFCC) has asked a Federal High Court in Abuja to dismiss the reliefs allegedly sought by Lagos State Governor Babajide Sanwo-Olu in his fundamental rights suit, calling the claims speculative.
In its counter-affidavit, the EFCC argued before Justice Joyce Abdulmalik that the governor’s case relies on conjecture.
According to reports from the News Agency of Nigeria (NAN), Sanwo-Olu, represented by his lawyer Darlington Ozurumba, had sued the EFCC as the sole defendant, claiming the agency planned to arrest, detain, and prosecute him once his tenure as governor concludes.
But the governor has since dissociated himself from the suit.
The suit dated June 6 and marked FHC/ABJ/CS/773/2024, raises seven questions and requests 11 forms of relief. Among these, he seeks a declaration that, under Section 37 of the 1999 Constitution, he is entitled to privacy rights before, during, and after holding public office. Additionally, he argues that based on Sections 35(1) and (4) and 41(1) of the Constitution, any threat of investigation, arrest, or detention by the EFCC during his tenure would be unlawful.
The suit also contends that alleged harassment and politically motivated threats of detention constitute an abuse of power. He requests an order to prevent the EFCC from intimidating, arresting, or prosecuting him in connection with his term as governor.
In its response, filed by EFCC lawyer Hadiza Afegbua on October 31, the commission denies all allegations. The EFCC stated that it has neither threatened nor approached Sanwo-Olu or his staff, disputing claims that it has violated his rights. Ufuoma Ezire, a Superintendent and Litigation Secretary in the EFCC’s Legal and Prosecution Department, noted in the affidavit that he was authorized to address the claims, stating, “The plaintiff’s claims are speculative and without basis.” He also denied any investigation into the governor or his aides.
Ezire added that any invitations for interviews by the EFCC are formal and include detailed officer identification, making Sanwo-Olu’s claims of harassment and intimidation implausible. The EFCC reiterated that it is unaware of any accusations of maladministration or fund diversion against the governor, deeming the case speculative with no supporting evidence or formal petition.
Citing the lack of merit in the suit, the EFCC urged the court to reject it in the interest of justice.
At an October 29 hearing, Ozurumba informed the court that the initial summons had been withdrawn and replaced with a new one, which had been served to the EFCC. However, EFCC counsel Hadiza Afegbua reported she had not yet received the documents, and Justice Abdulmalik rescheduled the hearing to November 26.
NAN reported that Ozurumba may withdraw the case at the next hearing date.
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