The Federal Capital Territory (FCT) High Court in Kurudu, Abuja, has declined to hear a suit aimed at preventing the Independent Corrupt Practices and Other Related Offences Commission (ICPC) from investigating allegations against a businessman and his company. Justice Katsina Alu ruled that law enforcement agencies must not be obstructed from carrying out their lawful duties.
Background of the Case
The applicants, Mr. Adediran Seyi and Equilibrium Management Limited, approached the court after the ICPC invited them over a petition received by the anti-graft agency. Instead of honoring the invitation, they filed an action seeking to stop the Commission and other respondents from inviting or investigating them, while also demanding 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 under the 1999 Constitution.
ICPC's Response
The ICPC, through its counsel Mr. Leslie Iheduru, described the suit as speculative, vexatious, and an abuse of court process intended to frustrate a lawful investigation. The Commission maintained that the applicants failed to provide concrete evidence of any actual or threatened breach of their rights. The anti-corruption agency further argued that an invitation by a law enforcement body does not constitute harassment or persecution, citing Court of Appeal decisions affirming that a mere invitation from security agencies cannot be interpreted as an 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 confer immunity on individuals under investigation.
Court's Decision
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, rendering the action incompetent.
Implications
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.
Reaction
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.
