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Lagos State Governor, Babajide Sanwo-Olu, has filed a fundamental right enforcement suit against the Economic and Financial Crimes Commission (EFCC) over an alleged threat to arrest, detain, and prosecute him after his tenure as governor. The governor's lawyer, Darlington Ozurumba, submitted the suit to Justice Joyce Abdulmalik of the Federal High Court in Abuja.
During the court hearing on Tuesday, Ozurumba announced that he had withdrawn the initial originating summons and replaced it with a new one. He confirmed that the EFCC had received the updated court documents. However, EFCC's counsel, Hadiza Afegbua, claimed she had not seen the documents, and the proof of service was not in the court file. The case has been adjourned until November 11 for further mention.
In the originating summons, marked FHC/ABJ/CS/773/2024, dated and filed on June 6, Sanwo-Olu raised seven questions and sought 11 reliefs. Specifically, he requests declarations that:
- As a citizen of Nigeria, he is entitled to the right to private and family life, as guaranteed by Section 37 of the 1999 Constitution.
- He can acquire, own, operate, and manage movable and immovable property, including bank accounts, under Sections 43 and 44(1) of the 1999 Constitution.
- The EFCC's threat to investigate, arrest, and detain him during his tenure as governor is illegal and unconstitutional.
Sanwo-Olu's suit challenges the EFCC's authority to prosecute him after his tenure as governor, citing potential violations of his fundamental rights. The EFCC, established to combat financial crimes, has statutory powers to investigate and prosecute financial crimes, including those committed by public officials. However, the commission's powers are not without limits, and Sanwo-Olu's case seeks to clarify these boundaries.
The governor's lawsuit highlights the ongoing debate about the EFCC's authority and the protections afforded to public officials. While the EFCC aims to hold officials accountable for financial misdeeds, Sanwo-Olu's case raises questions about the commission's reach and potential overreach.
As the legal battle unfolds, the court will need to balance Sanwo-Olu's rights with the EFCC's mandate to combat financial crimes. The outcome will have significant implications for the relationship between public officials and law enforcement agencies in Nigeria.
The case's adjournment until November 11 has sparked interest among legal experts and political observers, who will be watching closely as the drama unfolds.