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A Federal High Court in Abuja has dismissed a suit filed by a businessman, Paul Afagase, seeking to stop the Independent Corrupt Practices and Other Related Offences Commission from investigating him over an alleged ₦350 million contract transaction.
In a statement made available to journalists on Monday, and signed by the ICPC spokesperson, Okor Odey, said that while delivering judgment, Justice J. K. Omotosho ruled that the anti-corruption agency has the statutory authority to investigate allegations of corruption and cannot be restrained from carrying out its duties.
Afagase had approached the court seeking a perpetual injunction to stop the ICPC from inviting or investigating him in connection with what he described as a civil dispute involving himself, Richard Okozi and Rokozi Investment Limited.
He argued that the matter was purely contractual and that the ICPC should not be used as a debt recovery agency.
The plaintiff also told the court that he had earlier been invited and cleared of any wrongdoing by the Nigeria Police Force and the Economic and Financial Crimes Commission.
Afagase further alleged that the ICPC’s invitation amounted to intimidation, threats of arrest and a violation of his fundamental human rights. He also demanded ₦500 million in damages.
However, Justice Omotosho dismissed the claims, stating that the court would not prevent a law enforcement agency from carrying out investigations where allegations of criminal conduct had been raised.
“The court will not serve as a shield for individuals seeking to evade lawful investigation,” the judge held.
He added that the ICPC is empowered by law to investigate petitions alleging corruption, especially where public institutions and officials may be involved.
The judge also noted that the contract arrangement at the centre of the dispute allegedly involved government Ministries, Departments and Agencies, bringing it within the investigative jurisdiction of the commission.
On Afagase’s claim that he had already been cleared by the police and the EFCC, the court held that no evidence was presented to support the assertion.
Justice Omotosho said the only proof before the court was that the plaintiff had been invited by the agencies, not that the investigations had been concluded in his favour.
“The proper course for the plaintiff is to honour the invitation of the commission to enable it to carry out its investigation,” the judge added.
According to the ICPC, the case originated from a petition alleging that ₦350 million was paid in an attempt to secure a contract meant for certain public institutions.
When the contract allegedly failed to materialise, the contractor reportedly lodged a complaint with the Department of State Services, which later referred the matter to the ICPC for investigation.
Odey said the ruling affirmed the commission’s legal mandate to investigate corruption-related allegations.
“The judgment reinforces the principle that investigative agencies should not be hindered from carrying out their statutory responsibilities,” he said.
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