Court Upholds ICPC Powers to Investigate, Dismisses 2 Ex-Abia Lawmakers
The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has secured a major legal victory after the Federal High Court sitting in Umuahia dismissed two separate suits challenging the Commission’s statutory authority to investigate corruption-related offences.
In a judgment delivered on Friday, the Court rejected constitutional challenges brought by two former members of the Abia State House of Assembly — Hon. Kalu Chikwendu and Hon. Apugo Chukwudi J. — who had sought to restrain the Commission from inviting them for questioning over a petition concerning their activities while in office.
The suits, marked FHC/UM/CS/108/2025 and FHC/UM/CS/109/2025, questioned the validity of Section 28 of the Corrupt Practices and Other Related Offences Act, 2000. The plaintiffs argued that the provision, under which they were invited by the ICPC, was inconsistent with Sections 35 and 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which guarantee personal liberty and fair hearing.
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However, in its ruling, the Court held that the ICPC possesses clear statutory powers to investigate offences bordering on corruption and related matters. It further declared that Section 28 of the Act is not inconsistent with the constitutional provisions cited by the plaintiffs.
The Court also observed that the actions instituted by the former lawmakers amounted to an attempt to use judicial proceedings as a shield against lawful investigation. Granting the reliefs sought, the Court noted, would effectively provide judicial cover for evading the Commission’s statutory mandate.
Consequently, all the reliefs sought by the plaintiffs were refused. The Court further found the suits to have been initiated mala fide and awarded costs of ₦500,000 against each of the plaintiffs.
The judgment has effectively cleared the way for the ICPC to proceed with its investigation into the petition against the two former legislators.
In a statement signed by its Spokesperson and Head of Media & Public Communications, J. Okor Odey, the Commission described the ruling as a significant affirmation of its constitutional and statutory mandate to combat corruption and related offences.
The decision reinforces the legal foundation of the ICPC’s investigative powers and underscores the judiciary’s support for lawful anti-corruption efforts across the country.
By PRNigeria
