The 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 N350 million contract-related matter.
In the suit, the plaintiff sought a perpetual injunction preventing the Commission from investigating issues arising from what he described as a purely civil and contractual dispute between himself, Chief Richard Okozi, and Rokozi Investment Limited.
Mr. Johnson had also claimed that the Nigeria Police Force and the Economic and Financial Crimes Commission (EFCC) had previously invited and cleared him of any wrongdoing in relation to 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. The plaintiff also sought N500 million in damages.
However, in his judgment, Justice J.K. Omotosho held that the ICPC could not be restrained from carrying out investigations within the scope of its statutory mandate.
The court observed that the Commission is empowered by law to investigate petitions alleging corruption, particularly where public institutions and officials may be involved. It further noted that the contractual arrangement in dispute allegedly involved government Ministries, Departments, and Agencies (MDAs), thereby bringing the matter within the investigative jurisdiction of the Commission.
Justice Omotosho stated that courts are generally reluctant to restrain 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 seeking to evade lawful investigation.
On the plaintiff’s claim that he had been invited and cleared by the Nigeria Police and the EFCC, the court held that no evidence was presented to substantiate that claim. Rather, the plaintiff only demonstrated that he had been invited by the agencies, contrary to his assertion 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 could not be prevented from continuing its investigation.
Justice Omotosho further advised that the proper course for the plaintiff would be to honour the invitation of the Commission to enable it to carry out its investigation.
The case arose from a petition alleging that the sum of N350 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 investigation.