The Federal Capital Territory High Court sitting in Kurudu, Abuja, has declined jurisdiction in a suit seeking to restrain the Independent Corrupt Practices and Other Related Offences Commission (ICPC) from carrying out its investigative functions.

The applicants had approached the court to stop the Commission and other respondents from inviting or investigating them, while also seeking enforcement of their alleged fundamental rights under the Constitution.

ICPC Describes Suit as Speculative

In a counter-affidavit filed by its counsel, Leslie Iheduru, the ICPC argued that the suit was speculative, vexatious, and lacked merit.

The Commission maintained that the applicants failed to present credible evidence of any actual or threatened violation of their fundamental rights.

It further contended that the action was an attempt to misuse the judicial process to evade lawful investigation.

Invitation Not a Rights Violation

The ICPC emphasized that an invitation by a law enforcement agency does not amount to a breach of fundamental rights, relying on judicial precedent.

The Commission cited the Court of Appeal decision in Onnis & Ors v. Alakija & Ors (2018) to support its position that such invitations do not constitute persecution.

Court Cites Procedural Defects

Delivering judgment on April 28, 2026, Justice Katsina Alu held that the court lacked jurisdiction to entertain the suit due to procedural non-compliance.

The court found that the applicants failed to adhere to requirements under Section 46 of the 1999 Constitution and Order II Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules, particularly by improperly filing a joint application.

Reinforcing Law Enforcement Powers

The ruling underscores the need for strict compliance with due process in fundamental rights enforcement cases and affirms that law enforcement agencies should not be hindered in carrying out lawful duties.

Following the judgment, the ICPC reiterated its commitment to discharging its mandate in line with the law and urged the public to cooperate with legitimate investigations.