The Governor of Lagos State, Babajide Sanwo-Olu, has initiated legal proceedings against the Economic and Financial Crimes Commission (EFCC) concerning an alleged threat of arrest, detention, and prosecution following the conclusion of his term in office.
The lawsuit, initiated by Sanwo-Olu’s attorney, Darlington Ozurumba, was presented to Justice Joyce Abdulmalik at the Federal High Court in Abuja.
During the hearing on Tuesday, Ozurumba notified the court of his decision to withdraw the initial originating summons and submit a new one in its place.
He stated that the anti-graft agency had been properly notified of the updated court documents.
EFCC’s counsel, Hadiza Afegbua, indicated that she had not yet reviewed the documents.
Justice Abdulmalik observed that the proof of service was absent from the court file and has scheduled the case for further mention on November 11.
The originating summons, designated FHC/ABJ/CS/773/2024 and submitted on June 6, comprises seven questions and 11 reliefs requested by the governor.
Sanwo-Olu’s Objectives in Court
Sanwo-Olu is seeking a declaration that, in accordance with Section 37 of the 1999 Constitution, “the plaintiff, as a citizen of Nigeria, is entitled to the right to private and family life as a minimum guarantee enshrined in the Constitution of the Republic of Nigeria, 1999, both prior to, during, and following the tenure of public office established by the Constitution.”
He is also pursuing a declaration that, in accordance with Sections 43 and 44(1) of the 1999 Constitution, he is entitled to acquire, own, operate, and manage both movable and immovable property, including bank accounts, as a minimum guarantee outlined in the constitution at all times, including before, during, and after his tenure as governor of a state.
Sanwo-Olu contends that, according to an interpretation of Sections 35(1) & (4) and 41(1) of the Constitution, any potential threat of investigation, arrest, or detention by the EFCC during his tenure is deemed unlawful.
He asserts that these actions would be unconstitutional and infringe upon his fundamental rights to personal liberty and freedom of movement, as protected by Sections 35(1) & (4) and 41(1) of the 1999 Constitution (as amended).
Furthermore, the governor is requesting the court to affirm that the purported harassment, threats of arrest, and detention initiated by political opponents via the EFCC, which he characterizes as unfounded and politically driven accusations of corruption, represent a misuse of executive authority and public office.
Restraining Order Against EFCC
Sanwo-Olu additionally requested that the court recognize the actions of the EFCC as an unjustified intrusion into his fundamental rights to personal liberty, freedom of movement, fair hearing, and equal protection under the law, as assured by the Constitution and the African Charter on Human and Peoples’ Rights, CAP A9 LFN 2004.
The governor requested a court order to prevent the EFCC from engaging in harassment, intimidation, arrest, detention, interrogation, or prosecution related to his time in office as the governor of Lagos State.
He additionally requested that the court issue an order preventing the commission from seizing his properties, international passport, or travel documents, or from freezing the bank accounts of himself or his family members, in any manner that would further infringe upon his fundamental rights as outlined in the Constitution.
Furthermore, Sanwo-Olu sought a court order to prohibit the EFCC from inviting, arresting, or detaining him in connection with issues pertaining to his time as governor. He underscored the necessity for the court to safeguard his fundamental rights to personal liberty, fair hearing, private and family life, freedom of movement, and the acquisition of movable and immovable property, as outlined in Nigerian law.
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