Deciding in Asaba, Delta State, a Federal High Court has affirmed the Independent Corrupt Practices and Other Related Offences Commission (ICPC) holds the power to investigate and prosecute officials of the Delta State Government implicated in corrupt activities.
The State’s Attorney-General had lodged a lawsuit contesting the Commission’s authority under sections 6 and 28 of the ICPC Act 2000 to probe state finances and summon Delta State officials for questioning during inquiries.
In the case numbered FHC/CS/165/2023, the plaintiff argued that according to sections 120, 121, 122, 123, & 125 of the 1999 Constitution of Nigeria as amended, only the Delta State House of Assembly and the Auditor General of the State were authorized to scrutinize the state’s finances and request documents.
Contrarily, ICPC maintained that sections 6 and 28 of the ICPC Act 2000 granted the Commission the mandate to enforce its functions on “any person,” including state government personnel.
The Commission, presented by the Director of Legal Services Department, Mr. Henry Emore, emphasized that the ICPC Act 2000 does not differentiate between the State Government and the Federal Government in combating corruption.
“Moreover, there is no contradiction between the provisions of Sections 6 and 28 of the ICPC Act and Sections 120-125 of the Constitution; rather, they are complementary,” argued the Commission.
In a ruling on Wednesday, May 7, 2024, Justice F. Olubanjo of the Federal High Court, Asaba Division concurred entirely with ICPC’s arguments and emphasized that Nigeria practices cooperative federalism, making the fight against corruption an obligation of both the state and federal governments.
He also acknowledged that the matters brought before the court had been resolved in numerous appellate decisions, including the Supreme Court ruling in AG ONDO STATE VS AG FEDERATION & 36 ORS.
The case was consequently dismissed without costs awarded.