The Federal High Court in Abuja has struck out a lawsuit aimed at restraining the Economic and Financial Crimes Commission (EFCC) from arresting Lagos State Governor Babajide Sanwo-Olu at the end of his tenure. The presiding judge, Joyce Abdulmalik, dismissed the case on October 31 after Sanwo-Olu’s legal representative, Gbenga Akande, filed a motion to discontinue the suit.
Background of the Case
In October, a legal action was initiated on behalf of Sanwo-Olu by lawyer Darlington Ozurumba. The suit claimed that the EFCC planned to arrest and prosecute Sanwo-Olu after he completes his second term as governor on May 29, 2027. Ozurumba argued that such an action would violate the governor’s fundamental rights to personal liberty and freedom of movement as enshrined in the Nigerian Constitution, specifically Sections 35(1) & (4) and 41(1).
The suit sought to restrain the EFCC from harassing, arresting, detaining, or prosecuting the governor for any actions related to his time in office. However, the Lagos State government quickly distanced itself from the case.
Lagos Government’s Reaction
Lagos State Attorney-General Lawal Pedro, SAN, denied any involvement by Governor Sanwo-Olu in filing the suit. Pedro emphasized that neither Sanwo-Olu nor his aides were under EFCC investigation and that there was no pending threat of arrest. The Attorney-General also assured that the state would investigate how the suit was filed without the governor’s knowledge.
EFCC’s Position
In a counter affidavit, Ufuoma Ezire, a superintendent in the EFCC’s legal and prosecution department, affirmed that the anti-corruption agency was not investigating Governor Sanwo-Olu and had no plans to arrest him. The EFCC maintained that the suit was unnecessary and without basis.
Court Proceedings and Dismissal
During the October 31 hearing, only Gbenga Akande, Sanwo-Olu’s legal counsel, was present. The court granted the motion to discontinue the case and struck it out. Hadiza Afegbua, counsel for the EFCC, later expressed surprise when she discovered the suit had already been dismissed, noting that it was not on the court’s hearing list for that day.
The dismissal effectively ends any legal attempts, at least for now, to preemptively shield Governor Sanwo-Olu from potential EFCC action post-tenure. The enrolled court order confirmed that the case was resolved in favor of discontinuation, clearing the legal path for any future developments.
