Independent Corrupt Practices and Other Related Offences Commission (ICPC)
A Federal High Court in Abuja has dismissed a suit seeking to stop the Independent Corrupt Practices and Other Related Offences Commission (ICPC) from investigating an alleged N350 million contract deal, affirming the anti-graft agency’s authority to probe corruption-related petitions.
The suit was filed by Mr. Paul Afagase Johnson, who asked the court to restrain the ICPC from inviting or investigating him over a dispute he described as purely civil and contractual involving himself, Chief Richard Okozi, and Rokozi Investment Limited.
Delivering judgment, Justice James Kolawole Omotosho of the Federal High Court of Nigeria held that the Commission could not be barred from carrying out investigations within the scope of its statutory mandate.
The judge noted that the ICPC is empowered by law to investigate petitions alleging corruption, especially where government Ministries, Departments and Agencies (MDAs) may be involved.
Justice Omotosho further stated that courts are generally reluctant to restrain law enforcement agencies from conducting investigations where allegations of criminal conduct have been raised.
“The court cannot serve as a shield for individuals seeking to evade lawful investigation,” the judge held.
Mr. Johnson had argued that the ICPC’s invitation amounted to intimidation and a violation of his fundamental human rights. He also claimed that both the Nigeria Police Force and the Economic and Financial Crimes Commission (EFCC) had previously invited and cleared him of wrongdoing in the matter.
However, the court held that the plaintiff failed to provide evidence that either agency had concluded investigations in his favour. Rather, the materials before the court only showed that he had been invited by the agencies.
Justice Omotosho ruled that the ICPC acted within its statutory powers to invite the plaintiff over the petition before it and could not be prevented from continuing its investigation.
He advised the plaintiff to honour the Commission’s invitation to enable it properly investigate the allegations.
The case arose from a petition alleging that N350 million was paid to secure a contract for the benefit of certain public institutions. When the contract allegedly failed to materialise, the contractor reportedly petitioned the Department of State Services (DSS), which later referred the matter to the ICPC for investigation.
The court consequently dismissed the suit, effectively allowing the anti-corruption agency to proceed with its probe into the alleged contract deal.
