A recent ruling by a Federal High Court in Asaba, Delta State, has confirmed that the Independent Corrupt Practices and Other Related Offences Commission, ICPC, is empowered to investigate and prosecute officials of the Delta State government involved in alleged corrupt activities.
In a suit brought by the state’s attorney-general, the powers of ICPC under Sections 6 and 28 of the Corrupt Practices and Other Related Offences Act 2000 (ICPC Act) were challenged regarding the investigation of state finances and the summoning of Delta State officials for questioning during inquiries.
The plaintiff argued in Suit FHC/CS/165/2023 that according to sections 120, 121, 122, 123, and 125 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), only the Delta State House of Assembly and the Auditor General of Delta State have the authority to scrutinize the state’s finances and request official documents.
ICPC countered stating that the ICPC Act 2000, specifically sections 6 and 28, grants the commission the power to enforce its mandates on “any person,” including officials of state governments.
Representing the commission, Mr. Henry Emore, the Director of Legal Services Department, emphasized that the fight against corruption under the ICPC Act 2000 does not differentiate between state and federal governing bodies.
“Moreover, there is harmony between the provisions of sections 6 and 28 of the ICPC Act and sections 120–125 of the Constitution; they complement each other,” he argued.
In his ruling, Justice F. Olubanjo of the Federal High Court, Asaba Division, concurred with ICPC’s arguments in their entirety. He emphasized Nigeria’s cooperative federalism, highlighting that combating corruption is a shared responsibility between state and federal entities.
Justice Olubanjo pointed out that previous appellate decisions, including the Supreme Court ruling in AG Ondo State vs AG Federation and 36 ORS, have settled the issues presented in the case.
Consequently, the lawsuit was dismissed without costs awarded.