BLESSING OMALE, Abuja
The Federal Capital Territory (FCT) High Court sitting in Kurudu, Abuja, has declined jurisdiction to hear a suit filed against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), in a ruling that reinforces the powers of law enforcement agencies to carry out statutory investigations.
According to a statement by J. Okor Odey, Head of Media and Public Communications at the Commission, the suit was instituted by Adediran Seyi and his firm, Equilibrium Management Limited, following an invitation extended to them by the ICPC over a petition before the Commission.
Rather than honour the invitation, the applicants approached the court seeking an order to restrain the ICPC and other respondents from inviting or investigating them.
They also sought the enforcement of their alleged fundamental rights, claiming there was a likelihood that the Commission’s actions could infringe on their constitutional protections.
In response, the ICPC, through its counsel Leslie Iheduru, described the suit as speculative, vexatious, and lacking in merit.
The Commission argued that the applicants failed to present credible evidence of any actual or imminent violation of their rights.
It further maintained that the case was a misuse of judicial process aimed at evading lawful investigation, stressing that an invitation by a law enforcement agency does not constitute a breach of fundamental rights.
The Commission cited established judicial authorities, including the Court of Appeal decision in Onnis & Ors v. Alakija & Ors (2018), which affirms that such invitations do not amount to persecution.
Delivering judgment on April 28, 2026, Justice Katsina Alu held that the court lacked jurisdiction to entertain the matter due to procedural deficiencies.
The court found that the applicants failed to comply with the requirements under Section 46 of the 1999 Constitution (as amended) and Order II Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules, having improperly filed a joint application for the enforcement of fundamental rights.
The ruling effectively dismisses the suit and underscores the importance of strict adherence to due process in fundamental rights actions, while reaffirming that law enforcement agencies should not be hindered in carrying out legitimate investigations.
The ICPC, reacting to the judgment, reiterated its commitment to executing its mandate in line with the law and urged members of the public to cooperate with lawful investigations.
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