JUSTICE S. K. Idris, of the Federal High Court, Sokoto State, has affirmed that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) have authority to investigate and prosecute any individual or authority over allegations of corruption anywhere in Nigeria.
The ruling follows a suit filed by the Sokoto State government, seeking to restrict ICPC and EFCC from inviting, investigating, arresting or prosecuting any official of the state government on allegations of corruption.
Suleiman Usman, Attorney General of Sokoto State, who filed the suit on behalf of the state government, prayed the court to issue an injunction prohibiting the ICPC or EFCC from carrying out any anti-corruption duties on any official or department of the state on any matter or issue which the State House of Assembly can legislate on.
Specifically, Usman sought to restrict ICPC or EFCC from looking into the financial activities of the state government between 2008 and 2015, arguing that the period under investigation were covered by the appropriation acts of the Sokoto State Assembly.
Justice Idris, in his ruling, held that the two anti-corruption agencies had been empowered by an Act of Parliament to perform the duties of fighting corruption in all the 36 states of the federation.
He based his ruling on decision of the Supreme Court in the suit between the Attorney-General of Ondo State versus the Attorney-General of the Federation in 2002. In that case, the Supreme Court had upheld the constitutionality of both the ICPC and EFCC Acts as enacted by the National Assembly, as being applicable and binding on every state, person and authority in Nigeria.
Idris also dismissed the allegation that the investigation was a political witch-hunt, saying that the state government provided no evidence to support the allegation.