November 11, (THEWILL) – The Economic and Financial Crimes Commission has urged a Federal High Court in Abuja to dismiss a preemptive suit filed by Governor Babajide Sanwo-Olu of Lagos State seeking to restrain the anti-graft agency from arresting at the expiration of his tenure in 2027.
Describing the suit as speculative, the anti-graft agency in a counter motion, told Justice Joyce Abdulmalik that the entirety of the dispositions contained in Sanwo-Olu’s ’ affidavit are not true, “as the application is misconceived and brought in bad faith to mislead” the court.
THEWILL earlier reported that Sanwo-Olu, through his counsel, Darlington Ozurumba, filed a fundamental right enforcement suit over an alleged threat by the EFCC to arrest, detain, and prosecute him after his tenure as governor.
Although the governor had denied the suit marked FHC/ABJ/CS/773/2024, dated June 6, which sought a declaration that under and by the provisions of Section 37 of the 1999 Constitution, “the plaintiff, as a citizen of Nigeria, is entitled to the 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.”
In the originating summons, the governor among others also prayed 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.
He urged 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.
Consequently, he prayed for 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, in its counter affidavit dated Oct. 30 but filed Oct. 31 by its lawyer, Hadiza Afegbua, the EFCC 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.
According to the counter motion sighted on Monday, Ufuoma Ezire, a Superintendent and a Litigation Secretary in the Legal and Prosecution Department of EFCC, who deposed to the counter affidavit, he said, “That I have read and understood the plaintiff’s affidavit in support of the originating summons and I hereby state that the depositions in Paragraph 4, 5, 6, 7 and even 8 are not true and are calculated attempts to mislead the honourable court.
“That the depositions in paragraph 4 sub 4(iv), 4(v), 4(vi), 4(vii), 4(viii), 4(ix), 4(x), 4(xi), 4(xii), 4(xiv), 4(xvi), 4(vii), 4(xviii), 4(xix), 4(xx), 4(xxi) ,4(xxii), 4(xxiv) and 4(xxv) of the plaintiff’s affidavit are unfounded, untrue and unknown to the defendant and are hereby denied.”
The official said the commission was not investigating the governor and had never invited him or threatened to arrest any member of his staff, domestic or otherwise.
He stated, “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 threatened the plaintiff or subjected him to any trauma.”
Ezire further contended that the agency was unaware of any threat to arrest Sanwo-Olu’s “aides, accusation of maladministration or diversion of Lagos State’s funds nor is it aware of any likelihood of a breach of the applicant’s right to liberty or right to own movable and immovable properties in this case.
He added, “That the action of the plaintiff in this case is mere conjecture and speculation as there is no petition or any intel gathered before the defendant to warrant the men and officers of the 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.”
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