Lagos State Governor, Babajide Sanwo-Olu, has filed a lawsuit against the Economic and Financial Crimes Commission (EFCC) over an alleged threat to arrest, detain, and prosecute him after his tenure ends.
The suit, filed by Sanwo-Olu’s lawyer, Darlington Ozurumba, was brought before Justice Joyce Abdulmalik of the Federal High Court in Abuja.
During the hearing on Tuesday, Ozurumba informed the court that he had withdrawn the initial originating summons and replaced it with a new one.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.
The originating summons, marked FHC/ABJ/CS/773/2024 and filed on June 6, contains seven questions and 11 reliefs sought by the governor.
What Sanwo-Olu is Seeking from Court
Sanwo-Olu is requesting a declaration that, under 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.”
He also seeks a declaration that, under 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 encapsulated under the constitution either before, during, and after leaving public office of governor of a state.”
Sanwo-Olu further argues that based on a reading of Sections 35(1) & (4) and 41(1) of the Constitution, any threat of investigation, arrest, or detention by the EFCC during his tenure is unlawful.
He contends that such actions would be unconstitutional and a violation of his fundamental rights to personal liberty and freedom of movement, as guaranteed by Sections 35(1) & (4) and 41(1) of the 1999 Constitution (as amended).
Additionally, the governor is asking the court to declare that the alleged harassment, threats of arrest, and detention instigated by political adversaries through the EFCC, based on what he described as false and politically motivated allegations of corruption, constitute an abuse of executive power and public office.
Restraining Order on EFCC
Sanwo-Olu 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.
