… Judge affirms anti-graft agency’s statutory powers to investigate corruption allegations involving government institutions.
By Rashidat Olushola Okunlade
A Federal High Court sitting in Abuja has dismissed a suit filed by Mr. Paul Afagase Johnson seeking to restrain the Independent Corrupt Practices and Other Related Offences Commission (ICPC) from inviting or investigating him over an alleged N350 million contract-related transaction.
In the suit, Johnson had requested the court to issue a perpetual injunction preventing the anti-corruption agency from probing the matter, which he described as a purely civil and contractual dispute involving himself, Chief Richard Okozi, and Rokozi Investment Limited.
The plaintiff also claimed that both the Nigeria Police Force and the Economic and Financial Crimes Commission (EFCC) had previously invited him regarding the issue and cleared him of any wrongdoing.
Johnson further argued that the ICPC should not be used as a debt recovery mechanism, alleging that the Commission’s invitation amounted to intimidation, threats of arrest, and a violation of his fundamental human rights. He also sought N500 million in damages.
However, delivering judgment, Justice J.K. Omotosho ruled that the ICPC could not be restrained from carrying out investigations within the scope of its statutory mandate.
According to the court, the Commission is legally empowered to investigate petitions alleging corruption, particularly where public officials or government institutions may be involved. The judge noted that the contractual arrangement under dispute allegedly involved government Ministries, Departments and Agencies (MDAs), bringing the matter within the ICPC’s investigative jurisdiction.
Justice Omotosho stated that courts are generally reluctant to prevent law enforcement agencies from conducting investigations when allegations of criminal conduct have been raised.
He stressed that the court would not serve as a shield for individuals attempting to evade lawful investigation.
On the plaintiff’s claim that he had already been cleared by the police and the EFCC, the court held that no evidence was presented to support the assertion. Rather, the documents before the court only showed that Johnson had been invited by the agencies, not that investigations had been concluded in his favour.
The court therefore ruled that the ICPC acted within its legal authority in inviting the plaintiff in connection with the petition before it and could not be stopped from continuing its investigation.
Justice Omotosho advised that the appropriate course of action for the plaintiff would be to honour the Commission’s invitation to enable it carry out its investigation.
The case stemmed from a petition alleging that N350 million was paid to facilitate the award of a contract intended to benefit certain public institutions.
Following the alleged failure of the contract to materialise, the contractor reportedly filed a complaint with the Department of State Services (DSS), which later referred the matter to the ICPC for further investigation.
