A Federal High Court in Abuja has dismissed a lawsuit filed by Lagos State Governor, Babajide Sanwo-Olu, which sought to restrain the Economic and Financial Crimes Commission (EFCC) from arresting him after the completion of his tenure. The ruling, delivered on October 31, came after Sanwo-Olu’s counsel, Gbenga Femi Akande, moved a motion to discontinue the case.
Sanwo-Olu had filed the lawsuit in October, expressing concern over reports suggesting that the EFCC might arrest him following the end of his term. In the suit, his lawyer, Darlington Ozurumba, argued that any potential arrest would be “unconstitutional and a flagrant violation of his fundamental right to personal liberty and freedom of movement.”
The Governor’s legal team had made the case that such actions would be unlawful, particularly as no formal charges had been brought against him. They further contended that the planned arrest, if it occurred, would infringe upon his constitutional rights as a sitting governor. The lawsuit had sought to prevent the EFCC from taking any actions that could lead to his arrest after he leaves office.
However, the EFCC countered the Governor’s legal action, describing it as speculative and a “mere conjecture.” In its response, the anti-graft agency, led by its counsel Hadiza Afegbua, stated that it was not investigating Sanwo-Olu, nor had it ever threatened to arrest him or any members of his administration. This statement directly challenged the basis of the Governor’s suit, as it argued that there were no grounds for such an action.
In court documents filed by the EFCC, the agency made it clear that there had been no official investigation into the Governor’s conduct. Furthermore, it emphasized that the claim of an impending arrest was unfounded, as no plans or intentions had been made to pursue legal action against him after his tenure.
The legal battle took an unexpected turn on Tuesday when Afegbua, who had appeared in court to defend the EFCC’s position, was informed that the suit had already been struck out. The surprise development left the EFCC’s counsel without the opportunity to present her defense in court.
Sanwo-Olu’s decision to discontinue the case came after the presiding judge, Joyce Abdulmalik, granted the motion to strike out the suit. The court’s dismissal of the case effectively ended the legal challenge, leaving the EFCC free to continue its operations without the restraints Sanwo-Olu sought to impose.
The case had attracted significant attention due to its potential implications for the relationship between state governors and federal agencies, particularly in the context of anti-corruption investigations. The Governor’s lawsuit had raised concerns about the use of legal measures to preemptively shield public officials from possible criminal probes.
While the court’s ruling brings an end to the suit, the controversy surrounding the EFCC’s investigation and the legal protections afforded to governors remains a topic of public debate. As Sanwo-Olu’s tenure nears its conclusion, questions about the transparency of his administration’s dealings and the role of the EFCC in post-office investigations will likely continue to feature prominently in the public discourse.
