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Court Dismisses N45 Million Suit Against ICPC, Upholds Commission’s Power to Freeze Accounts

Admin by Admin
July 10, 2025
in News
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Court Dismisses Suit Seeking Mandamus Order Against ICPC, EFCC Over FHA-ENL Housing Deal
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By Nkechi Eze

A Federal High Court sitting in Abuja has dismissed a fundamental rights enforcement suit filed by one Mr. James Ereboye against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), describing it as lacking in merit and a gross abuse of court process.

The plaintiff had challenged the ICPC’s decision to place a “Post No Debit” restriction on his bank account without first obtaining a court order. He also sought to compel the Commission to pay him the sum of ₦40,287,209 as damages, along with ₦5 million as cost of legal services.

However, in his ruling on Thursday, July 10, 2025, Justice Emeka Nwite dismissed the suit, declaring that the matter had already been previously decided by another judge, Justice Babangida Hassan, of a coordinate jurisdiction and was currently the subject of an appeal at the Court of Appeal.

Describing the plaintiff’s action as a clear abuse of court process, Justice Nwite said, “It is a classical act of abuse of court process. I deliberately refuse this rascality. The court has the right to invoke its coercive power to punish the plaintiff, and I hereby order that the sum of ₦200,000 be paid to each of the defendants, the ICPC, Sterling Bank, and Polaris Bank.”

The judge further characterised the suit as “appalling” and an example of “judicial rascality,” noting that the plaintiff had improperly brought before his court a matter already determined and pending appeal.

The judgment also reaffirmed the statutory powers of the ICPC under Section 45 (1) of the Corrupt Practices and Other Related Offences Act 2000 to freeze any account suspected of being involved in fraudulent activity or currently under investigation, without the need for prior judicial approval.

In an official statement issued by the Commission’s spokesperson, Mr. Demola Bakare, the ICPC welcomed the ruling, noting that it not only upheld the Commission’s legal authority but also reinforced the judiciary’s intolerance for frivolous litigation and abuse of legal processes.

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