The Federal Capital Territory (FCT) High Court sitting in Kurudu, Abuja, has declined jurisdiction to entertain a suit filed against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and others, seeking to restrain the Commission from carrying out its statutory investigative functions.
The Applicants, Mr. Adediran Seyi and his company, Equilibrium Management Limited, had approached the Court following an invitation extended to them by the ICPC in connection with a petition received by the Commission.Â
Rather than honour the invitation, the Applicants instituted an action seeking, among other reliefs, an order restraining the Commission and other Respondents from inviting or investigating them, as well as the enforcement of their alleged fundamental rights.
The Applicants also claimed that there was a likelihood that the ICPC and other Respondents, acting at the instance of certain individuals, might infringe on their fundamental human rights as guaranteed under the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
In its counter-affidavit filed by its counsel, Mr. Leslie Iheduru, the ICPC described the suit as speculative, vexatious, and lacking in merit. The Commission argued that the Applicants failed to provide any credible evidence of actual or threatened infringement of their fundamental rights.
The Commission further contended that the action was an attempt to misuse the judicial process to evade lawful investigation, stressing that an invitation by a law enforcement agency does not constitute a violation of fundamental rights. It relied on established judicial authorities, including the decision of the Court of Appeal in Onnis & Ors v. Alakija & Ors (2018) LPELR-50607 (CA), which affirmed that a mere invitation by a law enforcement agency does not amount to persecution.
ICPC also urged the Court to resist any attempt to use the courts as a shield against legitimate investigation, noting that granting such reliefs would improperly confer immunity on individuals and undermine the constitutional mandate of law enforcement agencies.
After the adoption of processes by parties on 23rd October 2025, the Honourable Court, presided over by Justice Katsina Alu, in a judgment delivered on 28th April 2026, declined jurisdiction to hear the suit.Â
The Court held that the Applicants failed to comply with the procedural requirements stipulated under 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 Court’s decision effectively upholds the position that due process must be strictly followed in actions seeking the enforcement of fundamental rights and reinforces the principle that law enforcement agencies should not be hindered in the discharge of their lawful duties.
The ICPC reiterates its commitment to carrying out its mandate in accordance with the law and urges members of the public to cooperate with lawful investigations.