The Federal High Court in Abuja has dismissed a lawsuit that sought to prevent the Economic and Financial Crimes Commission (EFCC) from arresting Lagos State Governor Babajide Sanwo-Olu once he completes his tenure in office.
The case, which had garnered attention earlier this year, was struck out by the court on October 31, following a motion filed by Sanwo-Olu’s legal representative to discontinue the suit.
The presiding judge, Justice Joyce Abdulmalik, ruled to dismiss the case after Gbenga Femi Akande, counsel to Governor Sanwo-Olu, moved the application to discontinue the proceedings. Notably, the case was dismissed several weeks earlier, but it was only on Tuesday that Hadiza Afegbua, the EFCC’s legal representative, discovered that the case had already been struck out. She had arrived at the court expecting to have the matter heard, only to find out about the ruling.
The enrolled order, dated October 31, indicated that only Akande, Sanwo-Olu’s counsel, was present in court during the hearing that led to the suit’s dismissal. This legal action had been filed by Darlington Ozurumba on behalf of Governor Sanwo-Olu, who is set to complete his second term as governor of Lagos State by May 29, 2027.
The lawsuit arose from concerns that the EFCC had plans to arrest and prosecute Governor Sanwo-Olu after he leaves office. In the legal filing, the applicant argued that any attempt to arrest Sanwo-Olu would be unconstitutional and violate his fundamental rights, particularly his personal liberty and freedom of movement, as guaranteed under Sections 35(1) & (4) and 41(1) of Nigeria’s Constitution. The suit sought to obtain an injunction preventing the EFCC from engaging in any actions such as harassment, intimidation, arrest, detention, or prosecution related to the governor’s tenure in office.
The Lagos State Government, however, publicly distanced itself from the legal action. According to Lawal Pedro, the state’s Attorney-General, Governor Sanwo-Olu had not authorized anyone to file the case against the EFCC. Pedro expressed the state’s intention to investigate how the lawsuit was filed without the governor’s knowledge. He also stated that neither the governor nor any of his aides were under investigation by the EFCC, and there was no indication that the governor faced any threat of arrest by the anti-corruption agency.
In a response to the lawsuit, the EFCC filed a counter-affidavit through Ufuoma Ezire, a litigation secretary in the agency’s legal and prosecution department. In this affidavit, the EFCC clarified that the agency had never initiated an investigation into Governor Sanwo-Olu or his staff, nor had it issued any threats of arrest or detention. The commission further dismissed the suit as speculative and characterized the legal claim as a “mere conjecture,” lacking factual basis.
This ruling has effectively brought an end to the legal challenge, with the court confirming that there was no legal basis for restraining the EFCC from carrying out its statutory duties in relation to Sanwo-Olu after the completion of his tenure. The outcome underscores the legal processes surrounding investigations into public officials and the potential limitations of preemptively seeking judicial intervention in matters involving law enforcement agencies like the EFCC.
As the court case has now been dismissed, the focus shifts to whether the EFCC will take any further action regarding Governor Sanwo-Olu once he finishes his term, as the anti-corruption body continues its mission to probe high-ranking officials for alleged financial misconduct.
