By Luminous Jannamike
ABUJA — A Federal High Court in Abuja has dismissed a suit seeking to stop the Independent Corrupt Practices and Other Related Offences Commission (ICPC) from inviting or investigating Mr. Paul Afagase Johnson over an alleged N350 million contract-related matter.
The decision clears the way for the anti-graft agency to continue its investigation after Johnson argued that the issue was purely a civil and contractual dispute and should not attract a criminal probe.
The development was disclosed in a statement on Monday signed byd Okor Odey, spokesperson for the Commission, on behalf of the ICPC.
“Courts are generally reluctant to restrain law enforcement agencies from carrying out investigations where allegations of criminal conduct have been raised,” Justice J.K. Omotosho stated.
Johnson had asked the court to issue a perpetual injunction stopping the Commission from probing issues arising from what he described as a contractual dispute involving himself, Chief Richard Okozi and Rokozi Investment Limited.
He also told the court that the Nigeria Police Force and the Economic and Financial Crimes Commission (EFCC) had earlier invited him and cleared him of any wrongdoing related to the matter.
But delivering judgment, Justice Omotosho ruled that the ICPC cannot be prevented from carrying out investigations that fall within its statutory powers.
“The ICPC could not be restrained from carrying out investigations within the scope of its statutory mandate,” the judge held.
The court noted that the Commission is legally empowered to investigate petitions alleging corruption, especially in cases where public institutions or officials may be involved.
It also observed that the contract at the centre of the dispute allegedly involved government Ministries, Departments and Agencies (MDAs), which brings the matter within the Commission’s investigative jurisdiction.
“The court would not serve as a shield for individuals seeking to evade lawful investigation,” the judge emphasised.
On Johnson’s claim that he had earlier been invited and cleared by the police and the EFCC, the court said there was no evidence to support that assertion.
Instead, the judge noted that the plaintiff only showed that he had been invited by the agencies, contrary to his claim that the investigations had been concluded in his favour.
The court therefore ruled that the ICPC acted within its powers when it invited Johnson over the petition and cannot be stopped from continuing its investigation.
Justice Omotosho further advised that the proper step for the plaintiff would be to honour the Commission’s invitation to enable it carry out its investigation.
The case stems from a petition alleging that the sum of N350 million was paid to secure a contract meant to benefit certain public institutions.
According to the statement, when the contract reportedly failed to materialise, the contractor lodged a complaint with the Department of State Services (DSS), which later referred the matter to the ICPC for investigation.
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