A High Court of the Federal Capital Territory (FCT), sitting in Kurudu, Abuja, has declined jurisdiction to hear a suit seeking to restrain the Independent Corrupt Practices and Other Related Offences Commission (ICPC) from carrying out an investigation.
The suit was filed by Mr. Adediran Seyi and his company, Equilibrium Management Limited, following an invitation extended to them by the anti-graft agency over a petition it received.
Instead of honouring the invitation, the applicants approached the court, seeking orders to stop the ICPC and other respondents from inviting or investigating them, alongside claims for the enforcement of their fundamental rights.
They argued that there was a likelihood the Commission, acting on behalf of certain individuals, could infringe on their rights as guaranteed under the 1999 Constitution.
However, in its counter-affidavit, ICPC, through its counsel, Leslie Iheduru, described the suit as speculative and lacking merit, insisting that the applicants failed to show any credible evidence of rights violation or threat.
The Commission maintained that an invitation by a law enforcement agency does not amount to a breach of fundamental rights, citing judicial precedents, including the Court of Appeal decision in Onnis & Ors v. Alakija & Ors (2018).
It further argued that the action was an abuse of court process aimed at evading lawful investigation and warned against using the judiciary as a shield to frustrate anti-corruption efforts.
Delivering judgment, Justice Katsina Alu held that the court lacked jurisdiction to entertain the suit, noting that the applicants failed to comply with procedural requirements under Section 46 of the Constitution and the Fundamental Rights (Enforcement Procedure) Rules.
The court specifically faulted the applicants for improperly filing a joint application for the enforcement of fundamental rights.
The ruling, delivered on April 28, 2026, effectively clears the way for the ICPC to proceed with its investigation and reinforces the principle that due process must be followed in fundamental rights actions.
Reacting, the Commission reiterated its commitment to carrying out its statutory mandate within the bounds of the law and urged the public to cooperate with lawful investigations.
