The Economic and Financial Crimes Commission (EFCC) has described the fundamental right enforcement suit brought before a Federal High Court in Abuja by Governor Babajide Sanwo-Olu of Lagos State as speculative and urged the court to refuse all the reliefs sought therein.
The EFCC, in its counter affidavit in opposition to Sanwo-Olu’s originating summon, told the trial Judge, Justice Joyce Abdulmalik that the governor’s action in the instant suit is a mere conjecture.
Governor Sanwo-Olu had, through his counsel, Darlington Ozurumba sued the EFCC as the sole defendant over alleged threat to arrest, detain and prosecute him after his tenure as governor of Lagos State.
In the originating summons, marked: FHC/ABJ/CS/773/2024 filed on June 6, the governor wants the court to declare that under by virtue of the provisions of Section 37 of the 1999 Constitution, he is entitled to the right to private and family life as a minimum guarantee encapsulated under the 1999 Constitution before, during and after the 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 wants 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.
The anti-corruption agency, in its counter affidavit filed on October 31 by its lawyer, Hadiza Afegbua, sighted on Monday in Abuja, 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.
In the document, Ufuoma Ezire, a Superintendent and a Litigation Secretary in the Legal and Prosecution Department of the EFCC, who deposed to the counter affidavit, averred 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.
Ezire 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 intelligence 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 said.
Justice Abdulmalik adjourned the matter till November 26, 2024 or further mention
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