The Abuja division of the Federal High Court has struck out the fundamental rights enforcement suit filed by Governor Babajide Sanwo-Olu of Lagos State against the Economic and Financial Crimes Commission (EFCC).
Justice Joyce Abdulmalik who had earlier fixed November 26 for further mention of the case, struck out the matter after counsel who appeared for Sanwo-Olu, Gbenga Femi Akande, moved a motion for the discontinuance of the case.
The case was on October 29 adjourned following the submission of the EFCC’s lawyer, Hadiza Afegbua, that she was yet to see the fresh originating summons served on them by Darlington Ozurumba, who filed the suit on the Governor’s behalf.
But on Tuesday (yesterday, November 26), the matter was not listed on the cause list and no counsel representing the Governor was in court.
Specifically, out of the 10 cases scheduled for hearing before Justice Abdulmalik, the suit number: FHC/ABJ/CS/773/2024 between Babajide Sanwo-Olu and EFCC was not on Tuesday’s cause list.
Upon inquiry from court staff, it was learnt that the case had been struck out on October 31 after it was withdrawn.
A mild drama played out as counsel to the EFCC Afegbua, was in court expressing disappointment that the matter was not on the cause list.
The lawyer was shocked when informed that the suit had been struck out on October 31.
A disappointed Afegbua, however, refused to speak with newsmen, as she hurriedly left the courtroom.
Meanwhile, the enrolled order made on October 31 sighted by our reporter showed that only the plaintiff’s lawyer, Akande, was in the proceeding, leading to the striking out of the case.
Again, while the notice of discontinuance of the suit was dated and filed on Oct. 30, the hearing notice issued to parties for the Nov. 26 (yesterday’s) sitting was equally dated Oct. 30.
Sanwo-Olu, through his counsel, 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 2027.
In the originating summons, marked: FHC/ABJ/CS/773/2024 dated and filed on June 6, the Governor raised seven questions and sought 11 reliefs.
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.
But the EFCC, in its counter affidavit, urged the court not to grant the reliefs sought by Gov. Sanwo-Olu, describing it as speculative.
The anti-corruption agency, in the application dated Oct. 30 but filed Oct. 31 by its lawyer, Afegbua, said contrary to the Governor’s claims, the EFCC neither threatened nor invited nor took any step at all to encroach on his right to freedom of movement, not to talk of violating his right to private and family life and personal liberty.
