The Economic and Financial Crimes Commission (EFCC) has urged a Federal High Court sitting in Abuja not to grant the reliefs sought by Lagos State Governor Babajide Sanwo-Olu in his fundamental right enforcement suit, describing it as speculative.
The EFCC, in its counter affidavit in opposition to Sanwo-Olu’s originating summon, told Justice Joyce Abdulmalik that the governor’s action in the instant suit is a mere speculation.
Sanwo-Olu had through his counsel, Darlington Ozurumba, sued the anti-graft agency as a sole defendant over an alleged threat to arrest, detain, and prosecute him after his tenure as governor.
In the originating summons marked: FHC/ABJ/CS/773/2024 dated and filed on June 6, the governor raised seven questions and sought 11 reliefs.
Sanwo-Olu 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.”
He also wants 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.
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.
Sanwo-Olu denies suing EFCC over plan for prosecution after tenure
He, therefore, 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 EFCC, in its counter affidavit dated October 30 and filed on October 31 by its lawyer, Hadiza Afegbua, said contrary to the governor’s claims, the anti-graft agency 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.
The EFCC’s objection was sighted in Abuja on Monday, November 11, 2024.
In the application, Ufuoma Ezire, a Superintendent and a Litigation Secretary in the Legal and Prosecution Department of EFCC, who deposed to the counter affidavit, said he was conversant with the facts of the case.
He stated: “I have the authority, consent and permission of the defendant to depose to this counter affidavit.
“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 attempt 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 EFCC official said the commission was not investigating Sanwo-Olu and had never invited him or threatened to arrest any member of his staff, domestic or otherwise.
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