The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has the powers to investigate allegations of corrupt practices made against any person or authority in the country, even if the allegations arose in civil disputes, a Federal High Court sitting in Lagos has ruled.
Justice Rilwan Aikawa gave this ruling in a suit filed by seven persons against the ICPC and the Attorney General of the Federation.
The plaintiffs challenged their invitation by the Commission during an investigation into a matter between them and a lawyer. But Aikawa held that ICPC had a statutory duty to investigate allegations of corrupt practices made against any person or authority in Nigeria.
He added that neither the claimants nor the court has the discretion to stop a statutory agency of government from performing its duties.
In the suit, with number FHC/L/CS/1315/2015 between Waheed Gbadamosi Eletu, S.B. Joseph, SAN, A. A. Agbojuaje, Ashimi and four others vs ICPC and Attorney General of the Federation, filed by Ebun Olu-Adegboruwa, the claimants — four members of the Eletu Family of Lagos, two lawyers and a surveyor — had sued to challenge their invitation, the freezing of bank accounts and investigation by ICPC over an alleged dispute with Afe Babalola, Senior Advocate of Nigeria (SAN) on payment of professional fees of $10m in respect of his legal services which led to the recovery of a vast expanse of land for the Eletu family in Ibeju Lekki area of Lagos State at the Supreme Court.
They were claiming a total of N600m damages for alleged breach of their fundamental rights.
The judge’s rule followed the decision of the Supreme Court in the case of Attorney General of Ondo State vs Attorney General of the Federation and 36 Others (2002).
Aikawa noted that the submission of ICPC’s counsel, E. A. Shogunle, that the first respondent, ICPC, had established that there were reasonable grounds to suspect that certain high-ranking public officials and lawyers acted in abuse of their offices to facilitate a breach of contract with Afe Babalola in order to confer corrupt advantage upon themselves in violation of sections 19 and 25 of the Corrupt Practices and Other Related Offences Act 2000.
He further held that Paragraph 10 of the counter affidavit of the 1st respondent established that there were reasonable grounds to invite the applicants to assist in the investigation, noting also that ICPC was not at liberty to disclose the identity of the petitioner and suspects until investigation was completed. He however cautioned that the investigation “should not last till eternity”.