Monday, November 11, 2024 - The Economic and Financial Crimes Commission (EFCC) has prayed the Federal High Court in Abuja not to grant the reliefs sought by Lagos State Governor, Babajide Sanwo-Olu in his fundamental right enforcement suit.
The EFCC, in its counter affidavit in opposition to Sanwo-Olu’s
originating summons, told Justice Joyce Abdulmalik that the governor’s action
in the instant suit is a mere conjecture.
Recall that Sanwo-Olu, through his counsel, Darlington Ozurumba, had
sued the anti-graft agency as sole defendant over alleged threat to arrest,
detain and prosecute him after his tenure as governor.
In the originating summons marked FHC/ABJ/CS/773/2024, dated June 6 and
filed on the same date, 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.
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 anti-corruption agency, in its counter affidavit dated Oct. 30 but
filed Oct. 31 by its lawyer, Hadiza Afegbua, said contrary to the governor’s
claims, the EFCC 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 on Monday in Abuja.
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, averred that he was conversant with the facts of the case.
According to him, that 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,” Ezire said.
The official said the commission was not investigating the governor and
had never invited him or threatened to arrest any member of his staff, domestic
or otherwise.
“That I know as a fact that the defendant
invites members of the public for interview, interrogation or any engagement
vide a written invitation, phone calls or text messages by any of its officers
who shall introduce himself or herself by name, rank, designation, and Section
to enable the invitee trace the officer easily.
“That no officer of the defendant could
have invited the plaintiff or his aides without furnishing them with such
detailed particulars of himself.
“That contrary to the depositions in
paragraphs 5 of the plaintiff affidavit, the defendant did not intimidate,
harass or threatened the plaintiff or subjected him to any trauma,” he said.
He said the agency was unaware of any
threat to arrest Sanwo-Olu’s “aides, accusation of maladministration or
diversion of Lagos State’s funds nor is it aware of any likelihood of a breach
of the applicant’s right to liberty or right to own movable and immovable
properties in this case.
“That the action of the plaintiff in this
case is mere conjecture and speculations as there is no petition or any intel
gathered before the defendant to warrant the men and officers of same to
invite, threaten to arrest the plaintiff at the moment.
“That the entirety of the dispositions
contained in the plaintiffs’ affidavit are not true, as the application is
misconceived and brought in bad faith to mislead this honourable court.
“That the defendant is not in a position to
deny or confirm the depositions in paragraphs 4 and 4(iii) as the defendant is
not a party to the conversation between deponent and the plaintiff.
“That it will be in the interest of justice
to refuse the reliefs sought by the plaintiff,” Ezire added.
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