Politics
Lagos Governor Sanwo-Olu Sues EFCC Over Alleged Plan To Arrest Him After Tenure Expiration
Sanwo-Olu is seeking protection against the EFCC’s alleged harassment.
A Federal High Court sitting in Abuja on Tuesday, adjourned the fundamental human rights suit filed by Governor Babajide Sanwo-Olu of Lagos State against the Economic and Financial Crimes Commission (EFCC) to November 11 for further mention.
In the suit filed through his lawyer, Darlington Ozurumba, Sanwo-Olu told the court that the anti-graft agency is threatening to arrest, detain, and prosecute him after his tenure, describing it as unconstitutional and a violation of his fundamental rights, the News Agency of Nigeria reports.
Sanwo-Olu is seeking protection against the EFCC’s alleged harassment. When the case was mentioned in court, Ozurumba announced that he had replaced the original summons with a new one, which had been served to the EFCC.
However, the EFCC’s counsel, Hadiza Afegbua, denied receiving the documents, and the proof of service wasn’t in the court file. As a result, Justice Joyce Abdulmalik adjourned the case until November 11 for further mention.
Sanwo-Olu’s suit alleges that EFCC’s actions are instigated by his political adversaries, based on false information. The outcome of this case will be crucial in determining the limits of the EFCC’s powers and the protection of governors’ rights in Nigeria.
In the originating summons, marked: FHC/ABJ/CS/773/2024, and filed on June 6, 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 wants the court to declare that under and by virtue of the provisions of Sections 43 and 44(1) of the 1999 Constitution, he is entitled to acquire, own, operate and manage both moveable and immovable property.
This, he said, includes bank accounts, as a minimum guarantee encapsulated under the constitution either before, during and after leaving the public office of governor of a state.
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.
He also said that the plan to arrest him was unconstitutional and a flagrant violation of his fundamental right to personal liberty and freedom of movement as guaranteed under Sections 35(1) & (4) and 41(1) of the Constitution of the federal Republic of Nigeria, 1999 ( as amended).
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 further wants the court to declare it as an unwarranted interference with his fundamental right to personal liberty, freedom of movement, fair hearing and equal protection of the law as guaranteed by the constitution and the Africa Charter on Human & Peoples’ Rights, CAP A9 LFN 2004.
Mr Sanwo-Olu, 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.
He also prayed the court to make an order prohibiting and restraining the commission “from seizing the property, passport and travel documents of the plaintiff or freezing the bank accounts of the plaintiff, his family members or in any other way to further breach the plaintiff’s fundamental rights guaranteed under the constitution.”
He urged the court to make an order restraining the EFCC from inviting, arresting or detaining him in connection with his tenure as governor of the state or breach his fundamental rights to personal liberty, fair hearing, private and family life, freedom of movement, acquisition of moveable and immoveable property as enshrined in the laws
In the affidavit in support of the originating summons deposed to by Martha Kanu, a litigation secretary in the law firm, the lawyer said she was informed of the facts by the governor at a tele-conference meeting which she believed to be true.
She alleged that as a way of getting at the governor, the EFCC was now making a surreptitious plan to arrest some of his aides and family members based on the false and spurious allegations of diversion of funds.
She said the officials of the commission were now mounting pressure on some of the aides of the governor to come and make incriminating statements against him.
Kanu alleged that the anti-graft agency was also threatening to go after some contractors handling projects for the state government.
He said the agency was compelling them to come and make statements to implicate Mr Sanwo-Olu of corruption as part of the orchestrated contrivance to build up a trump up case against him.
According to her, in a malicious attempt to get at the plaintiff, some of the plaintiff’s political adversaries in conjunction with some of the officials of the defendant are falsely ascribing to his administration corrupt practices which are nonexistent.
She alleged that the EFCC, through some of its officials, were desperately inventing false, spurious and malicious allegations against the governor to use as a basis for investigating, arresting and prosecuting him after leaving office as governor.
Mr Sanwo-Olu was sworn in as the governor of Lagos State on May 29, 2019 and was re-elected and sworn in again for a second term on May 29, 2023.
Former lawmaker, Dino Melaye Esq, has raised concerns over the Senate’s reported rejection of the electronic transmission of election results.
The move, according to Melaye, is a clear endorsement of election rigging and an indication of a sinister plan to rig the 2027 elections.
In a statement on Friday, the former lawmaker criticized the Senate’s decision, stating that it undermines the credibility of the electoral process.
The African Democratic Congress, ADC chieftain, also stated that the move opens the door for electoral manipulation and fraud.
He further warned that the rejection of electronic transmission of results is a step backwards for democracy in Nigeria.
Melaye called on lawmakers and citizens to stand up against “this blatant attempt to undermine the will of the people and ensure that future elections are free, fair, and transparent”.
Former Minister of Education, Oby Ezekwesili, has said Nigerians have every reason to be mad at the Senate over the ongoing debate on e-transmission of election results.
Ezekwesili made this known on Friday when she featured in an interview on Arise Television’s ‘Morning Show’ monitored by DAILY POST.
DAILY POST reports that the Senate on Wednesday turned down a proposed change to Clause 60, Subsection 3, of the Electoral Amendment Bill that aimed to compel the electronic transmission of election results.
Reacting to the matter, Ezekwesili said, “The fundamental issue with the review of the Electoral Act is that the Senate retained the INEC 2022 Act, Section 60 Sub 5.
“This section became infamous for the loophole it provided INEC, causing Nigerians to lose trust. Since the law established that it wasn’t mandatory for INEC to transmit electoral results in real-time, there wasn’t much anyone could say.
“Citizens embraced the opportunity to reform the INEC Act, aiming to address ambiguity and discretionary opportunities for INEC. Yet, the Senate handled it with a “let sleeping dogs lie” approach. The citizens have every reason to be as outraged as they currently are.”
Politics
Electoral act: Senate’s action confirms Nigeria ‘fantastically corrupt’, ‘disgraced’ – Peter Obi
Former Labour Party presidential candidate, Peter Obi, has condemned the Senate’s refusal to make electronic transmission of election results mandatory, saying the move further exposes Nigeria as a fantastically corrupt and disgraced country.
Obi expressed his views in a statement shared on X on Friday, where he accused lawmakers of deliberately weakening Nigeria’s democratic process ahead of the 2027 general elections.
He explained that his reaction came after a brief pause to mourn victims of a deadly tragedy in Kwara State, where over 150 people reportedly lost their lives.
“Let us first pray for the souls of the innocent Nigerians lost in Kwara. That painful incident is why I delayed responding to the shameful development surrounding our electoral system,” he wrote.
Describing the Senate’s decision as intentional and dangerous, Obi said rejecting mandatory electronic transmission was not a simple oversight but a calculated attempt to block transparency.
“The Senate’s open rejection of electronic transmission of results is an unforgivable act of electoral manipulation ahead of 2027,” he said.
According to him, the action strikes at the heart of democracy and raises serious questions about the true purpose of governance in Nigeria.
“This failure to pass a clear safeguard is a direct attack on our democracy. By refusing these transparency measures, the foundation of credible elections is being destroyed. One must ask whether government exists to ensure justice and order or to deliberately create chaos for the benefit of a few.”
The former Anambra State governor linked the post-election controversies of the 2023 general elections to the failure to fully deploy electronic transmission of results, insisting that Nigerians were misled with claims of technical failures.
“
The confusion, disputes and manipulation that followed the 2023 elections were largely due to the refusal to fully implement electronic transmission,” he said.
He added that the so-called system glitch never truly existed.
Obi compared Nigeria’s electoral process with those of other African countries that have embraced technology to improve credibility, lamenting that Nigeria continues to fall behind.
“Many African nations now use electronic transmission to strengthen their democracy. Yet Nigeria, which calls itself the giant of Africa, is moving backwards and dragging the continent along.”
He criticised Nigeria’s leadership class, saying the country’s problems persist not because of a lack of ideas but because of deliberate resistance to meaningful reform.
“We keep organising conferences and writing policy papers about Nigeria’s challenges. But the truth is that the leaders and elite are the real problem. Our refusal to change is pushing the nation backwards into a primitive system of governance.”
Warning of the dangers ahead, Obi said rejecting electronic transmission creates room for confusion and disorder that only serves the interests of a small group.
He also recalled past remarks by foreign leaders who described Nigeria as corrupt, arguing that actions like this continue to justify those statements.
“When a former UK Prime Minister described Nigeria as ‘fantastically corrupt,’ we were offended. When former US President Donald Trump called us a ‘disgraced nation,’ we were angry. But our continued resistance to transparency keeps proving them right.”
Obi warned that Nigerians should not accept a repeat of the electoral irregularities witnessed in 2023.
“Let there be no mistake. The criminality seen in 2023 must not be tolerated in 2027.”
He urged citizens to be ready to defend democracy through lawful and decisive means, while also calling on the international community to closely monitor developments in Nigeria’s electoral process.
“The international community must pay attention to the groundwork being laid for future electoral manipulation, which threatens our democracy and development,” Obi stated.
He concluded by expressing hope that change is still possible if Nigerians take collective responsibility.
“A new Nigeria is possible but only if we all rise and fight for it.”
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