In a surprising turn of events, the Federal High Court in Abuja has dismissed the suit filed by Lagos State Governor Babajide Sanwo-Olu against the Economic and Financial Crimes Commission (EFCC). The suit sought to restrain the EFCC from arresting or prosecuting him after his tenure. The dismissal came as a shock to the EFCC counsel, Hadiza Afegbua, who appeared in court on Tuesday, only to discover that the case had already been struck out.
The lawsuit, filed in October 2024 by lawyer Darlington Ozurumba on behalf of Governor Sanwo-Olu, argued that the alleged plan to arrest and prosecute him was “unconstitutional and a flagrant violation of his fundamental right to personal liberty and freedom of movement” as stipulated under sections 35 (1) & (4) and 41 (1) of the Nigerian Constitution. The suit sought an order to restrain the EFCC from harassing, intimidating, arresting, detaining, interrogating, or prosecuting Sanwo-Olu in connection with his tenure as governor of Lagos State.
However, the Lagos State Government, through Attorney General Lawal Pedro, SAN, publicly disowned the suit, stating that Governor Sanwo-Olu did not instruct anyone to file such a case. “The governor has no reason to file a suit against the EFCC, and we will investigate how this case came to be without his knowledge,” Pedro said.
On October 31, 2024, Justice Joyce Abdulmalik struck out the suit after Gbenga Femi Akande, the counsel representing Sanwo-Olu, moved the motion to discontinue the case. The EFCC, which had filed its objection to the suit, described the legal action as speculative and a “mere conjecture.”
When Hadiza Afegbua, the EFCC counsel, appeared in court on Tuesday, she was taken aback to find that the case was not listed among the ten scheduled for hearing. “I was surprised to learn that the suit had been struck out on October 31,” Afegbua expressed her disappointment. The enrolled order dated October 31 showed that only Akande, the counsel who represented Sanwo-Olu, attended the proceedings leading to the dismissal of the suit.
The dismissal of the suit has sparked discussions about the transparency and accountability of public officials. The EFCC has reiterated its commitment to upholding the rule of law and ensuring that no individual is above the law. “This case highlights the importance of due process and the need for public officials to be accountable for their actions,” an EFCC official stated.
The controversy surrounding the suit and its subsequent dismissal has raised questions about the motivations behind the legal action and the integrity of the judicial process. As the Lagos State Government continues its investigation into how the case was filed without the governor’s knowledge, the public awaits further developments.
