Court Dismisses Suspended NCAA Boss Suit Against ICPC
The Federal Capital Territory (FCT) High Court in Abuja has dismissed a fundamental rights enforcement suit filed by the suspended Director-General of the Nigerian Civil Aviation Authority (NCAA), Captain Musa Nuhu, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Captain Nuhu had approached the court in suit number FCT/HC/CV/3384/2024, challenging the ICPC’s invitation to him over allegations that he retained official vehicles belonging to the Federal Government during his suspension from office.
The suspended NCAA boss argued that the ICPC’s action amounted to harassment and intimidation, claiming that it violated his fundamental rights to personal liberty and freedom of movement as enshrined in Sections 35 and 41 of the 1999 Constitution (as amended).
He further contended that since he was already being investigated by the Economic and Financial Crimes Commission (EFCC), a separate invitation from the ICPC represented a duplication of investigative processes by two sister anti-corruption agencies.
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However, in a 13-paragraph counter-affidavit, the ICPC maintained that eight months after his suspension, Captain Nuhu continued to hold on to and use three official vehicles — a Toyota Land Cruiser VXR V8 5.7 (2019 model), a Toyota Hilux (2018 model), and a Lexus LX 570s (2019 model) — in violation of public service regulations.
The Commission argued that the vehicles were government property and that it was within its statutory mandate to recover such assets pending the outcome of investigations.
ICPC also clarified that its invitation to the suspended official was strictly limited to the recovery of government assets unlawfully retained, which was separate from any ongoing probe by the EFCC.
Delivering judgment, Justice Njideka Nwosu-Iheme held that Captain Nuhu failed to establish any infringement of his fundamental rights by the ICPC.
According to her, “Courts must refrain from clipping the wings of enforcement agencies, including the Respondent (ICPC), unnecessarily. The Applicant has failed to prove the basis of his assertion, and his case therefore fails. The sole issue is resolved in the negative and in favour of the Respondent. I refuse this application for being unmeritorious and lacking in merit. The application is dismissed in its entirety.”
With the ruling, the court affirmed the ICPC’s legal authority to invite and question suspended public officials over the use or retention of government property pending investigations.
The Commission’s spokesperson, Demola Bakare, fsi, confirmed the development in a statement issued on Tuesday, noting that the verdict reinforces ICPC’s powers under its enabling Act to recover government assets and prevent abuse of office.
By PRNigeria
