Lagos State Governor, Babajide Sanwo-Olu, has filed a lawsuit in opposition to the {Economic} and {Financial} Crimes Fee (EFCC) over an alleged menace to arrest, detain, and prosecute him after his tenure ends.
The go well with, filed by Sanwo-Olu’s lawyer, Darlington Ozurumba, was introduced earlier than Justice Joyce Abdulmalik of the Federal Excessive Court docket in Abuja.
Throughout the listening to on Tuesday, Ozurumba knowledgeable the court docket that he had withdrawn the preliminary originating summons and changed it with a brand new one.
He added that the anti-graft company had been duly served with the up to date court docket paperwork.
Nevertheless, EFCC’s counsel, Hadiza Afegbua, said that she had not but seen the paperwork.
Justice Abdulmalik additionally famous that the proof of service was lacking from the court docket file and adjourned the case to November 11 for additional point out.
The originating summons, marked FHC/ABJ/CS/773/2024 and filed on June 6, accommodates seven questions and 11 reliefs sought by the governor.
Sanwo-Olu is requesting a declaration that, beneath Part 37 of the 1999 Structure, “the plaintiff, as a citizen of Nigeria, is entitled to proper to personal and household life at the least assure encapsulated beneath the Structure of the Republic of Nigeria, 1999 earlier than, throughout and after occupation of public workplace created by the Structure.”
He additionally seeks a declaration that, beneath Sections 43 and 44(1) of the 1999 Structure, he’s entitled to accumulate, personal, function, and handle each movable and immovable property, together with {bank} accounts, “at the least assure encapsulated beneath the structure both earlier than, throughout, and after leaving public workplace of governor of a state.”
Sanwo-Olu additional argues that primarily based on a studying of Sections 35(1) & (4) and 41(1) of the Structure, any menace of investigation, arrest, or detention by the EFCC throughout his tenure is illegal.
He contends that such actions could be unconstitutional and a violation of his elementary rights to non-public liberty and freedom of motion, as assured by Sections 35(1) & (4) and 41(1) of the 1999 Structure (as amended).
Moreover, the governor is asking the court docket to declare that the alleged harassment, threats of arrest, and detention instigated by political adversaries by the EFCC, primarily based on what he described as false and politically motivated allegations of corruption, represent an abuse of govt energy and public workplace.
Sanwo-Olu additional urged the court docket to declare the EFCC’s actions as an unwarranted interference along with his elementary rights to non-public liberty, freedom of motion, honest listening to, and equal safety beneath the regulation, as assured by the Structure and the African Constitution on Human and Peoples’ Rights, CAP A9 LFN 2004.
The governor sought an order restraining the EFCC from harassing, intimidating, arresting, detaining, interrogating, or prosecuting him in connection along with his tenure as Lagos State governor.
He additionally requested the court docket to challenge an order prohibiting the fee from seizing his properties, worldwide passport, or journey paperwork, or from freezing the {bank} accounts of both himself or his relations, in any method that may additional violate his elementary rights beneath the Structure.
Moreover, Sanwo-Olu prayed for an order stopping the EFCC from inviting, arresting, or detaining him over issues regarding his tenure as governor. He emphasised the necessity for the court docket to guard his elementary rights to non-public liberty, honest listening to, non-public and household life, freedom of motion, and the acquisition of movable and immovable property, as enshrined in Nigerian regulation.
