Court rejects bid to stop ICPC probe

Independent Corrupt Practices and Other Related Offences Commission (ICPC)

The Federal Capital Territory (FCT) High Court sitting in Kurudu, Abuja, has declined jurisdiction in a suit seeking to restrain the Independent Corrupt Practices and Other Related Offences Commission (ICPC) from investigating allegations against a businessman and his company.

The court held that law enforcement agencies must not be obstructed from carrying out its lawful duties.

The Applicants, Mr. Adediran Seyi and Equilibrium Management Limited, had approached the court after the ICPC invited them over a petition received by the anti-graft agency.

Instead of honouring the invitation, they filed an action asking the court to stop the Commission and other respondents from inviting or investigating them, while also seeking enforcement of their alleged fundamental rights.

They argued that the ICPC and other respondents, allegedly acting on behalf of certain individuals, were likely to violate their constitutional rights guaranteed under the 1999 Constitution.

However, the ICPC, through its counsel, Mr. Leslie Iheduru, described the suit as speculative, vexatious and an abuse of court process aimed at frustrating lawful investigation.

The Commission maintained that the Applicants failed to show any concrete evidence of actual or threatened breach of their rights.

The anti-corruption agency further argued that an invitation by a law enforcement body does not amount to harassment or persecution, relying on the Court of Appeal decisions which affirmed that mere invitation by security agencies cannot be interpreted as infringement of fundamental rights.

ICPC also urged the court not to allow the judicial process to become a protective shield against legitimate criminal investigations, warning that granting the reliefs sought would amount to conferring immunity on individuals under investigation.

Delivering judgment , Justice Katsina Alu declined jurisdiction to entertain the suit, holding that the Applicants failed to comply with mandatory procedural requirements under Section 46 of the 1999 Constitution (as amended) and Order II Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules.

The court specifically faulted the Applicants for improperly filing a joint application for the enforcement of fundamental rights, thereby rendering the action incompetent.

The ruling is seen as a major boost for anti-corruption enforcement, reaffirming the principle that due process must be strictly followed in fundamental rights actions and that investigative agencies should not be hindered in the discharge of their statutory responsibilities.

Reacting to the judgment, the ICPC reiterated its commitment to carrying out its constitutional mandate in line with the law and urged Nigerians to cooperate with lawful investigations.

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