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A Federal High Court in Abuja has ruled that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) has the legal right to investigate an alleged N350 million contract deal.
The decision followed an application by Paul Afagase Johnson, who asked the court to prevent the anti-corruption agency from inviting or investigating him over the matter.
Delivering judgment on Monday, Justice J. K. Omotosho dismissed Johnson’s request, stating that the ICPC cannot be barred from carrying out investigations within its statutory remit.
Johnson had contended that the issue was merely a civil dispute arising from a contract between himself, Chief Richard Okozi, and Rokozi Investment Limited. He argued that the matter did not concern corruption and therefore should not involve the ICPC.
He also claimed that both the Nigeria Police Force and the Economic and Financial Crimes Commission (EFCC) had previously invited him over the case and cleared him of any wrongdoing.
Johnson further argued that the ICPC should not serve as a body to recover debts. According to him, the commission’s invitation amounted to intimidation and threats of arrest, and infringed his fundamental human rights.
In his lawsuit, he asked the court to restrain the ICPC from taking further action against him and sought N500 million in damages.
However, Justice Omotosho rejected these arguments.
The judge explained that the ICPC has authority to investigate complaints involving possible corruption, particularly where government agencies or public institutions may be implicated.
He noted that the disputed contract was said to involve government Ministries, Departments, and Agencies (MDAs), bringing the matter squarely within the ICPC’s jurisdiction.
According to the judge, law enforcement agencies should not be hindered from performing their duties where allegations of wrongdoing exist. He added that courts should not be used to shield individuals from legitimate investigations.
Justice Omotosho also addressed Johnson’s claim that he had already been cleared by the police and the EFCC.
The court found no evidence to support this claim, noting that the documents presented merely showed Johnson had been invited by the agencies, not that investigations had concluded in his favour.
Consequently, the judge ruled that the ICPC acted within its legal powers in inviting Johnson for questioning, and advised him to cooperate with the commission to allow completion of its investigation.
The case originated from a petition alleging that N350 million was paid in an attempt to secure a contract intended to benefit certain public institutions. When the contract reportedly failed to materialise, the contractor involved lodged a complaint with the Department of State Services (DSS), which subsequently forwarded the matter to the ICPC for further investigation.
Court upholds ICPC’s right to investigate alleged N350m contract dispute
