EFCC Arrest: Lagos Government Disowns Sanwo-Olu's Alleged Lawsuit

EFCC Wants Court to Toss Out Sanwo-Olu Immunity Suit

“That the defendant is not in a position to deny or confirm the depositions in paragraphs 4 and 4(iii)...”

The Lagos State Government has denied reports that Governor Babajide Sanwo-Olu filed a lawsuit to prevent his arrest by the EFCC after his tenure.

The Economic and Financial Crimes Commission (EFCC) has urged the Federal High Court in Abuja to dismiss a lawsuit seeking to prevent Governor Babajide Sanwo-Olu's potential arrest.

In its counter-affidavit filed on October 31, the EFCC contended that the lawsuit lacks merit and is speculative.

The Lagos State Government had earlier distanced itself from the suit, with Attorney General and Commissioner for Justice Lawal Pedro publicly disowning it on October 30.

Governor Babajide Sanwo-Olu of Lagos State never authorized any lawyer to file a lawsuit on his behalf against the Economic and Financial Crimes Commission (EFCC), according to a statement by Lagos State Attorney General and Commissioner for Justice, Lawal Pedro. The statement clarified that Sanwo-Olu had no grounds to initiate such a suit.

The lawsuit in question, filed by Darlington Ozurumba on Sanwo-Olu's behalf, alleges threats of arrest, detention, and prosecution after his tenure as governor. However, with the case adjourned until November 26 by Judge Joyce Abdulmalik on October 29, sources suggest that Ozurumba may withdraw the suit before the next hearing.

Interestingly, the Lagos State Government has publicly disowned the lawsuit, and the EFCC has asked the court to dismiss it, calling the claims speculative. The originating summons, filed on June 6, includes seven questions and requests 11 specific reliefs.

Key Developments:

Lawsuit Filed: Sanwo-Olu's lawyer, Darlington Ozurumba, filed the suit against the EFCC, alleging threats of arrest, detention, and prosecution.

Adjournment: Judge Joyce Abdulmalik adjourned the case until November 26.

Potential Withdrawal: Sources indicate that Ozurumba may withdraw the suit before the next hearing.

EFCC's Stance: The EFCC has asked the court to dismiss the lawsuit, calling the claims speculative.

Governor Babajide Sanwo-Olu of Lagos State has taken the Economic and Financial Crimes Commission (EFCC) to court, alleging threats of arrest, detention, and prosecution after his term ends. Through his lawyer, Darlington Ozurumba, Sanwo-Olu filed the suit on June 6, 2024, under case number FHC/ABJ/CS/773/2024, posing seven questions and seeking 11 specific rulings.

The lawsuit essentially asks the court to declare that Sanwo-Olu has a right to private and family life, as guaranteed by Section 37 of the 1999 Constitution, both during and after his public service. Additionally, it seeks confirmation that any threat from the EFCC to investigate or detain him during his tenure would be illegal, based on Sections 35(1) & (4) and 41(1) of the Constitution.

Aspects of the Suit:

Right to Private and Family Life: Sanwo-Olu seeks declaration of his right to private and family life under Section 37 of the 1999 Constitution.

Protection from EFCC Threats: He wants the court to confirm that EFCC threats to investigate or detain him during his tenure are illegal.

Reliefs Sought: The suit seeks 11 specific rulings, including an order restraining the EFCC from harassing, intimidating, arresting, detaining, interrogating, or prosecuting him.

However, the EFCC has countered, describing the suit as speculative and urging the court to reject it. According to the EFCC, Sanwo-Olu's claims are unfounded and untrue, and the commission has neither threatened nor taken any step to encroach on his rights. The case has been adjourned until November 26, 2024, but sources suggest that Ozurumba may withdraw the suit before then.

“That I know as a fact that the defendant invites members of the public for interview, interrogation or any engagement vide a written invitation, phone calls or text messages by any of its officers who shall introduce himself or herself by name, rank, designation, and Section to enable the invitee trace the officer easily.

“That no officer of the defendant could have invited the plaintiff or his aides without furnishing them with such detailed particulars of himself.

“That contrary to the depositions in paragraphs 5 of the plaintiff affidavit, the defendant did not intimidate, harass or threaten the plaintiff or subjected him to any trauma,” he said.

The Economic and Financial Crimes Commission (EFCC) has made it clear that they're unaware of any plans to arrest Governor Sanwo-Olu's aides. Ufuoma Ezire, a superintendent in the EFCC's Legal and Prosecution Department, stated that the agency hasn't received any information regarding accusations of maladministration or diversion of Lagos State funds.

Additionally, Ezire clarified that the EFCC hasn't taken any steps to infringe on Governor Sanwo-Olu's rights to personal liberty or ownership of movable and immovable property. This statement comes after Governor Sanwo-Olu filed a fundamental rights enforcement suit against the EFCC, alleging threats of arrest, detention, and prosecution once he completes his tenure.

The Lagos State Government has publicly disowned the lawsuit, and the EFCC has asked the court to dismiss it, calling the claims speculative. The case has been adjourned until November 26, but rumors suggest that Governor Sanwo-Olu's lawyer may withdraw the suit before then.

“That the action of the plaintiff in this case is mere conjecture and speculations as there is no petition or any intel gathered before the defendant to warrant the men and officers of same to invite, threaten to arrest the plaintiff at the moment.

“That the entirety of the dispositions contained in the plaintiffs' affidavit are not true, as the application is misconceived and brought in bad faith to mislead this honourable court.

“That the defendant is not in a position to deny or confirm the depositions in paragraphs 4 and 4(iii) as the defendant is not a party to the conversation between deponent and the plaintiff.

“That it will be in the interest of justice to refuse the reliefs sought by the plaintiff,” the counter-affidavit added.

On October 29, Governor Sanwo-Olu's lawyer, Darlington Ozurumba, informed the court that he was withdrawing the initial lawsuit against the Economic and Financial Crimes Commission (EFCC) and replacing it with a new one. Ozurumba assured the court that the EFCC had been properly served with the updated documents.

However, the EFCC's counsel, Hadiza Afegbua, contradicted Ozurumba's claim, stating that she had not received the new documents. Furthermore, the proof of service was missing from the court file.

It appears that there's been a miscommunication between the two parties, and the court needs time to resolve the issue. The case has been ongoing, with the Lagos State Government previously distancing itself from the lawsuit and the EFCC asking the court to dismiss it due to speculative claims.

Governor Babajide Sanwo-Olu of Lagos State has alleged that the Economic and Financial Crimes Commission's (EFCC) supposed harassment and threats of arrest are actually instigated by his political opponents through false corruption allegations, and this constitutes an abuse of public office. Sanwo-Olu's lawsuit seeks a court order to prevent the EFCC from taking any action against him related to his term as governor.

However, the EFCC has fired back, denying all claims and stating that it has never threatened or interfered with the governor's rights. In a counter-affidavit submitted on October 31 by EFCC counsel Hadiza Afegbua, Ufuoma Ezire, a superintendent in the EFCC's Legal and Prosecution Department, emphasized that the agency is not investigating Sanwo-Olu and has made no threats against him or his staff.

Points of the EFCC's Response

No Threats or Investigation: The EFCC denies threatening or investigating Sanwo-Olu.

No Abuse of Public Office: The EFCC asserts that it has not abused its public office or powers.

Speculative Claims: The EFCC views Sanwo-Olu's claims as speculative and unfounded.