By Nkechi Eze
The Federal Capital Territory High Court sitting in Kurudu, Abuja, has declined jurisdiction to entertain a suit seeking to restrain the Independent Corrupt Practices and Other Related Offences Commission (ICPC) from carrying out its statutory investigative functions.
According to an official signed statement by Head, Media and Public Communications, ICPC, J. Okor Odey, the Applicants, Mr. Adediran Seyi and his company, Equilibrium Management Limited, approached the court after receiving an invitation from the Commission over a petition under investigation.
Rather than honour the invitation, the Applicants filed an action seeking multiple reliefs, including an order restraining the ICPC and other respondents from inviting or investigating them, alongside the enforcement of their alleged fundamental rights.
They further argued that there was a likelihood that the Commission, acting at the instance of certain individuals, might infringe on their fundamental rights as guaranteed under the 1999 Constitution (as amended).
In response, counsel to the ICPC, Mr. Leslie Iheduru, in a counter-affidavit, described the suit as speculative, vexatious, and lacking merit, arguing that the Applicants failed to provide credible evidence of any actual or threatened violation of their rights.
The Commission maintained that the action was an abuse of court process aimed at evading lawful investigation, emphasizing that an invitation by a law enforcement agency does not constitute a breach of fundamental rights. It relied on judicial precedent, including the Court of Appeal decision in Onnis & Ors v. Alakija & Ors (2018) LPELR-50607 (CA), which affirmed that a mere invitation does not amount to persecution.
The ICPC further urged the court to resist attempts to use judicial processes as a shield against legitimate investigations, warning that granting such reliefs would undermine the constitutional mandate of law enforcement agencies.
After parties adopted their processes on October 23, 2025, the presiding judge, Justice Katsina Alu, in a judgment delivered on May 28, 2026, declined jurisdiction to hear the matter.
The court held that the Applicants failed to comply with procedural requirements under Section 46 of the 1999 Constitution (as amended) and Order II Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules, particularly noting the improper filing of a joint application for the enforcement of fundamental rights.
The ruling reinforces the principle that due process must be strictly adhered to in fundamental rights enforcement cases and affirms that law enforcement agencies should not be obstructed in the discharge of their lawful duties.
The ICPC reiterated its commitment to executing its mandate in accordance with the law and called on members of the public to cooperate with lawful investigations.
