By Kenneth Atavti
The Economic and Financial Crimes Commission (EFCC) has asked a Federal High Court in Abuja not to grant the reliefs sought by Governor Babajide Sanwo-Olu of Lagos State in his fundamental right enforcement suit, describing it as speculative.
The EFCC, in its counter affidavit in opposition to Sanwo-Olu’s originating summons, told Justice Joyce Abdulmalik that the governor’s action in the instant suit is a mere conjecture.
Nigerian Pilot recalled that Sanwo-Olu, through his counsel, Darlington Ozurumba, had sued the anti-graft agency as sole defendant over alleged threat to arrest, detain and prosecute him after his tenure as governor.
In the originating summons marked FHC/ABJ/CS/773/2024, dated June 6 and filed on the same date, the governor raised seven questions and sought 11 reliefs.
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.”
He also wants the court to declare that upon community reading of the provisions of Sections 35(1) & (4) and 41(1) of the constitution, the threat of his investigation, arrest and detention by the EFCC during his tenure of office as governor is illegal.
The governor prayed the court to declare that the incessant harassment, threat of arrest and detention, against him upon the EFCC’s instigation by his political adversaries based on false and politically motivated allegation of corruption is a misuse of executive powers and abuse of public office.
He, therefore, sought an order restraining the EFCC from harassing, intimidating, arresting, detaining, interrogating or prosecuting him in connection with his tenure as the governor of Lagos State, among others.
However, the anti-corruption agency, in its counter affidavit dated Oct. 30 but filed Oct. 31 by its lawyer, Hadiza Afegbua, said contrary to the governor’s claims, the EFCC neither threatened, invited or took any step at all to encroach on his right to freedom of movement nor violated his right to private and family life and personal liberty.
The EFCC’s objection was sighted on Monday in Abuja.
In the application, Ufuoma Ezire, a Superintendent and a Litigation Secretary in the Legal and Prosecution Department of EFCC, who deposed to the counter affidavit, averred that he was conversant with the facts of the case.
