Despite dissociating himself from the lawsuit against the Economic and Financial Crimes Commission (EFCC) before the Federal High Court in Abuja, the case between Governor Babajide Sanwo-Olu and the anti-graft agency is still ongoing.
On Monday, the EFCC requested that the court dismiss Sanwo-Olu’s bid for legal protection in his fundamental rights case, labelling the governor’s claims as speculative.
In a counter affidavit, the EFCC argued that Sanwo-Olu’s action was based on conjecture. The governor reportedly filed a lawsuit through lawyer, Darlington Ozurumba, naming the EFCC as the sole defendant and alleging that the commission intends to arrest, detain, and prosecute him after his term ends.
Sanwo-Olu’s originating summons, marked FHC/ABJ/CS/773/2024 and dated June 6, outlines seven legal questions and seeks 11 forms of relief. Among them, he demands a court declaration affirming his right to privacy and family life under Section 37 of the 1999 Constitution. He also argues that the EFCC’s alleged threats of investigation, arrest, and detention violate Sections 35 and 41 of the constitution, especially while he holds office.
The governor claims the EFCC’s actions are politically motivated, aimed at tarnishing his reputation, and constitute an abuse of executive power. Consequently, he seeks a court order to prevent the EFCC from harassing, detaining, or prosecuting him over matters related to his tenure.
The EFCC, however, denied Sanwo-Olu’s allegations, saying in a response dated October 30 and filed October 31 by EFCC lawyer Hadiza Afegbua that it has neither threatened, contacted, nor violated the governor’s rights.
Ufuoma Ezire, an EFCC superintendent, stated in the affidavit that he is authorised to address the claims. According to him, the allegations in Sanwo-Olu’s affidavit are unfounded and misleading, stating, “The plaintiff’s claims are untrue and speculative.”
He added that the commission is not investigating Sanwo-Olu nor has it summoned nor threatened any of his staff.
Ezire further clarified that EFCC invitations for interviews or interrogations are always issued formally, including specific details to confirm the officer’s identity. He disputed Sanwo-Olu’s claims of intimidation and noted the EFCC is unaware of any accusations regarding the governor’s administration or misuse of funds.
Citing the speculative nature of the case, the EFCC asserted that there is no legal basis for the suit and requested the court dismiss it in the interest of justice.
During a hearing on October 29, Sanwo-Olu’s counsel, Ozurumba, informed the court that he had withdrawn the initial summons and filed a new one, which he confirmed had been served to the EFCC. However, EFCC counsel Hadiza Afegbua said she had not received the new documents, and Justice Abdulmalik rescheduled the hearing for November 26.
It is reported that Ozurumba may seek to withdraw the case at the next hearing.
