Lagos State Governor, Babajide Sanwo-Olu, has denied reports claiming he sued the Economic and Financial Crimes Commission (EFCC) over alleged threat to arrest, detain and prosecute him after his tenure as governor.
The rebuttal was made by Lawal Pedro, SAN Hon. Attorney General and Commissioner for Justice, Lagos State, on Tuesday.
Reports had filtered out that Sanwo-Olu, through his lawyer, Darlington Ozurumba, filed the fundamental right enforcement suit against EFCC before Justice Joyce Abdulmalik of a Federal High Court in Abuja.
Rebuttal
The News Agency of Nigeria (NAN) reported that in the originating summons, marked: FHC/ABJ/CS/773/2024 dated and filed on June 6, the governor raised seven questions and sought 11 reliefs.
According to the report, Sanwo-Olu sought a declaration that under and by virtue of the provisions of Section 37 of the 1999 Constitution, “the plaintiff, as a citizen of Nigeria, is entitled to right to private and family life as a minimum guarantee encapsulated under the Constitution of the Republic of Nigeria, 1999 before, during and after occupation of public office created by the Constitution.”
The report said the governor said that the plan to arrest him by EFCC was unconstitutional and a flagrant violation of his fundamental right to personal liberty and freedom of movement as guaranteed under Sections 35(1) & (4) and 41(1) of the Constitution of the federal Republic of Nigeria, 1999 ( as amended).
Reacting, the AG denied the contents of the report.
“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 and 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,” he said.
He added that Mr. Babajide Sanwo-Olu has been an exemplar in terms of service delivery, prudent and judicious management of the 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,” he added.
He enjoined media organisations to be wary of the kind of reports they entertain.
Backstory
As reported by NAN, during the hearing on Tuesday, Ozurumba informed the court that he had withdrawn the initial originating summons and replaced it with a new one.
- He added that the anti-graft agency had been duly served with the updated court documents.
- However, EFCC’s counsel, Hadiza Afegbua, stated that she had not yet seen the documents.
- Justice Abdulmalik also noted that the proof of service was missing from the court file and adjourned the case to November 11 for further mention.
In case, Sanwo-Olu reportedly further urged the court to declare the EFCC’s actions as an unwarranted interference with his fundamental rights to personal liberty, freedom of movement, fair hearing, and equal protection under the law, as guaranteed by the Constitution and the African Charter on Human and Peoples’ Rights, CAP A9 LFN 2004.
- The governor sought an order restraining the EFCC from harassing, intimidating, arresting, detaining, interrogating, or prosecuting him in connection with his tenure as Lagos State governor.
- He also requested the court to issue an order prohibiting the commission from seizing his properties, international passport, or travel documents, or from freezing the bank accounts of either himself or his family members, in any way that would further violate his fundamental rights under the Constitution.
Additionally, Sanwo-Olu prayed for an order preventing the EFCC from inviting, arresting, or detaining him over matters relating to his tenure as governor. He emphasized the need for the court to protect his fundamental rights to personal liberty, fair hearing, private and family life, freedom of movement, and the acquisition of movable and immovable property, as enshrined in Nigerian law.
