FCT High Court Strikes Out Suit Seeking to Bar ICPC Probe, Cites Procedural Breach
By Chizoba Njaka
The Federal Capital Territory (FCT) High Court, Kurudu, has dismissed a suit instituted by Mr. Adediran Seyi and Equilibrium Management Limited seeking to restrain the Independent Corrupt Practices and Other Related Offences Commission (ICPC) from carrying out its statutory investigative functions.
In a statement issued by the Commission’s Head of Media and Public Communications, Mr. Okor Odey, the applicants commenced the action upon receipt of an invitation from the ICPC in connection with a petition under investigation. The applicants sought, inter alia, orders restraining the Commission and other respondents from inviting, investigating, or infringing upon their fundamental rights as guaranteed under the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
Represented by counsel, Mr. Leslie Iheduru, the ICPC contended that the suit was speculative, vexatious, and devoid of merit, as the applicants adduced no credible evidence of any actual or threatened violation of their fundamental rights. The Commission relied on the Court of Appeal decision in _Onnis and Ors v. Alakija and Ors (2018), which held that a mere invitation by a law enforcement agency does not amount to persecution. It further cautioned against the use of the judicial process to evade lawful investigation, noting that such practice would undermine its constitutional mandate.
Following the adoption of processes by the parties on October 23, 2025, Justice Katsina Alu, in a judgment delivered on May 28, 2026, declined jurisdiction to entertain the suit. The court held that the applicants failed to comply with the provisions of Section 46 of the 1999 Constitution (as amended) and Order II Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules, having improperly filed a joint application for the enforcement of fundamental rights.
The decision underscores the necessity for strict adherence to procedural requirements in fundamental rights enforcement actions and affirms that law enforcement agencies must not be impeded in the discharge of their lawful duties.
The ICPC reiterated its commitment to executing its mandate in accordance with the law and enjoined members of the public to cooperate with lawful investigations.