A Federal High Court sitting in Abuja has dismissed a suit filed by Mr. Paul Afagase Johnson seeking to restrain the Independent Corrupt Practices and Other Related Offences Commission (ICPC) from inviting or investigating him over an alleged ₦350 million contract-related matter.
The ruling effectively upheld the authority of the anti-corruption agency to carry out investigations within the scope of its statutory mandate.
According to a press statement issued on Monday by the ICPC spokesperson, J. Okor Odey, the plaintiff had approached the court seeking a perpetual injunction to prevent the Commission from probing issues arising from what he described as a purely civil and contractual dispute between himself, Chief Richard Okozi, and Rokozi Investment Limited.
Johnson also claimed that both the Nigeria Police Force and the Economic and Financial Crimes Commission (EFCC) had previously invited him and cleared him of any wrongdoing in connection with the matter.
He further argued that the ICPC could not be used as a debt recovery body and alleged that the Commission’s invitation amounted to intimidation, threats of arrest, and violations of his fundamental human rights. He also sought ₦500 million in damages.
However, delivering judgment, Justice J.K. Omotosho held that the ICPC could not be restrained from conducting investigations where such actions fall within its statutory responsibilities.
The judge noted that the Commission is empowered by law to investigate petitions alleging corruption, particularly where public institutions and officials may be involved. He added that the contractual arrangement in dispute allegedly involved government Ministries, Departments, and Agencies (MDAs), thereby placing the matter within the investigative jurisdiction of the ICPC.
Justice Omotosho further stated that courts are generally reluctant to stop law enforcement agencies from carrying out investigations where allegations of criminal conduct have been raised.
He emphasized that the court would not serve as a shield for individuals attempting to evade lawful investigation.
On the plaintiff’s claim that he had been cleared by the Nigeria Police and the EFCC, the court ruled that no evidence was presented to support the assertion. Instead, the plaintiff only demonstrated that he had been invited by the agencies, contrary to his claim that investigations had been concluded in his favour.
The court therefore ruled that the ICPC acted within its statutory powers to invite the plaintiff in connection with the petition before it and cannot be prevented from continuing its investigation.
Justice Omotosho also advised that the appropriate step for the plaintiff would be to honour the invitation of the Commission to enable it to conduct its investigation.
The case stemmed from a petition alleging that the sum of ₦350 million was paid to secure a contract for the benefit of certain public institutions. When the contract allegedly failed to materialise, the contractor reportedly lodged a complaint with the Department of State Services (DSS), which subsequently referred the matter to the ICPC for further investigation.
