The Economic and Financial Crimes Commission (EFCC) has urged the Federal High Court in Abuja to reject a fundamental rights suit filed in the name of Lagos State Governor Babajide Sanwo-Olu to stop possible arrest by the anti-graft agency.
In its counter-affidavit opposing the suit, the EFCC described the legal action as speculative and a mere conjecture.
EFCC filed its objection on 31 October, a day after the Lagos State Government disowned the suit on behalf of Mr Sanwo-Olu.
The Lagos State Government, through the Attorney General and Commissioner for Justice, Lawal Pedro, issued the denial in a statement maintaining that Governor Sanwo-Olu never engaged any lawyer to file such a suit and had no reason to do so.
“We need to clarify that Mr Babajide Sanwo-Olu, at no time, sued or briefed any legal practitioner to file a suit on his behalf concerning the above subject matter,” the statement read in part.
Our correspondent cannot immediately verify if the suit was withdrawn after the Lagos State Government distanced the governor from it on 30 October.
It is a severe professional violation for a lawyer to file a suit on behalf of a person without being engaged by the person.
Meanwhile, the News Agency of Nigeria (NAN) reports seeing on Monday EFCC’s counter-affidavit filed in court on 31 October, a day after the suit was denied by the governor’s camp.
NAN further reported that when the suit last came up on 29 October, the judge, Joyce Abdulmalik, adjourned until 26 November.
NAN, however, gathered that though hearing notices had been served on the parties ahead of the 26 November proceeding, the suit may be withdrawn by Mr Ozurumba by then.
The newswire reported that Mr Sanwo-Olu, through his lawyer, Darlington Ozurumba, had sued the anti-graft agency as the sole defendant over alleged threat to arrest, detain and prosecute him after his tenure as governor.
The originating summons marked: FHC/ABJ/CS/773/2024 dated and filed on 6 June, raised seven questions and sought 11 prayers.
It 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.”
The suit also asked the court to declare that based on the 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.
Therefore, the suit 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, opposed the suit in its counter affidavit filed by its lawyer, Hadiza Afegbua, on 31 October, a day the Lagos State Government distanced Mr Sanwo-Olu from the suit.
The filing said contrary to the governor’s claims, the EFCC neither threatened, invited nor 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.
In the application, Ufuoma Ezire, a superintendent and litigation secretary in the Legal and Prosecution Department of EFCC, who swore to the counter-affidavit, denied the claims in the suit.
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.