The Federal Capital Territory (FCT) High Court sitting in Kurudu, Abuja, has declined jurisdiction in a suit filed against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and others, seeking to restrain the Commission from carrying out its statutory investigative duties.
The applicants, Mr. Adediran Seyi and his company, Equilibrium Management Limited, had approached the court after receiving an invitation from the ICPC in connection with a petition under investigation. Instead of honouring the invitation, they filed an action seeking to stop the Commission from inviting or investigating them, as well as to enforce alleged fundamental rights.
They also argued that there was a likelihood of infringement of their rights by the ICPC and other respondents acting on behalf of certain individuals.
In a counter-affidavit filed by ICPC counsel, Mr. Leslie Iheduru, the Commission described the suit as speculative, vexatious, and lacking merit.
“The Applicants failed to provide any credible evidence of actual or threatened infringement of their fundamental rights,” the ICPC argued.
The Commission further maintained that an invitation by a law enforcement agency does not constitute a violation of fundamental rights, adding that the suit was an attempt to frustrate lawful investigation.
“An invitation by a law enforcement agency does not amount to persecution,” the ICPC said, relying on judicial precedents including Onnis & Ors v. Alakija & Ors (2018) LPELR-50607 (CA).
ICPC also urged the court to avoid setting a precedent that would grant individuals immunity from lawful investigation.
Delivering judgment on April 28, 2026, Justice Katsina Alu held that the court lacked jurisdiction to entertain the matter.
The court ruled 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, noting that the application was improperly filed.
The court held that the defects were fundamental and therefore robbed it of jurisdiction to hear the case.
The decision effectively affirms that law enforcement agencies retain the authority to conduct investigations without undue judicial interference, provided due process is followed.
The ICPC reiterated its commitment to lawful investigations and urged members of the public to cooperate with its processes.