Lawyer asks court to restrain EFCC from arresting Sanwo-Olu after his tenure

Legal action has been instituted on behalf of Babajide Sanwo-Olu, governor of Lagos, against the Economic and Financial Crimes Commission (EFCC) over an alleged plan to arrest and prosecute him after his tenure.

Sanwo-Olu is expected to complete his eight-year tenure on May 28, 2027.

The fundamental rights suit filed before the federal high court in Abuja is dated June 6, 2024.

NAN reports that the suit asked the court to declare that by the provisions of section 37 of the 1999 Constitution, Sanwo-Olu is “entitled to the right to private and family life as a minimum guarantee encapsulated under the Constitution of the Republic of Nigeria, before, during, and after occupation of public office created by the constitution”.

According to the suit, the alleged plan to arrest the governor is “unconstitutional and a flagrant violation of his fundamental right to personal liberty and freedom of movement as stipulated under sections 35(1) & (4) and 41(1) of the constitution”.

The suit sought an order restraining the EFCC from harassing, intimidating, arresting, detaining, interrogating, or prosecuting Sanwo-Olu in connection with his tenure as the governor of Lagos state.

The court was also asked to make an order restraining the anti-graft agency from “seizing the properties, the international passport, and travel documents of the plaintiff or freezing the bank accounts of the plaintiff and his family members”.

THE AFFIDAVIT

In an affidavit deposed in support of the suit, Martha Kanu, a lawyer, said the governor informed her about the facts of the case during a teleconference meeting.

The lawyer claimed that the anti-graft agency is making a surreptitious plan to arrest some of Sanwo-Olu’s aides and family members based on false and spurious allegations of diversion of funds.

Kanu accused EFCC officials of mounting pressure on some of Sanwo-Olu’s aides to make incriminating statements against the governor.

The lawyer also alleged that the agency is also threatening to arrest some contractors handling projects for the state government.

She added that the agency, in collaboration with Sanwo-Olu’s political enemies, is creating spurious corrupt practices to ascribe to the governor’s administration.

THE COURT PROCEEDINGS

When the matter was called for mention on Tuesday, Darlington Ozurumba, counsel to Sanwo-Olu, told the court that he had withdrawn the earlier originating summons filed and replaced it with a new one.

Ozurumba said the EFCC had been duly served with the new court documents.

But Hadiza Afegbua, counsel to the EFCC, said she was yet to see the documents.

The proof of service of the processes was not in the court file.

Joyce Abdulmalik, the presiding judge, adjourned the matter to November 11 for further mention.

Editor’s note: This report has been modified to reflect that the suit was initiated on the governor’s behalf