Justice F. Olubanjo of the Asaba Division of the Federal High Court sitting in Asaba, on Wednesday, affirmed the powers of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to investigate and prosecute officials of Delta State Government who allegedly engage in corrupt acts.
ICPC spokesperson, Demola Bakare, informed in a news release he signed and made available to Tribune Online in Abuja that the suit, marked FHC/CS/165/2023, was instituted by the state Attorney-General and Commissioner for Justice, challenging the powers of the Commission under Sections 6 and 28 of the Corrupt Practices and Other Related Offences Act 2000 (ICPC Act) to investigate state finances and invite Delta State officials for interviews in the course of investigations.
According to Bakare, the Delta State AG contended that by Sections 120, 121, 122, 123, and 125 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), it was only the Delta State House of Assembly and the state Auditor-General that had powers to look into the state’s finances and demand for documents.
ICPC on its part, however, argued that Sections 6 and 28 of the ICPC Act 2000 empower the anti-graft agency to exercise its enforcement function on “any person”, including state government officials.
Represented by the Director of Legal Services Department, Henry Emore, the commission argued that the ICPC Act 2000 does not discriminate between the state government and the Federal Government in the fight against corruption.
He further stressed that there is no conflict between the provisions of Sections 6 and 28 of the ICPC Act and Sections 120-125 of the Constitution and submitted that the two are rather, complementary.
Delivering judgment on the matter, Justice Olubanjo agreed with the submissions of ICPC in its entirety and held that Nigeria practiced cooperative federalism and as such the fight against corruption is a function of both the states and the Federal Government.
Bakare stated that the judge also noted that the issues before the court had been settled in a plethora of appellate decisions, among which is the Supreme Court judgment in AG Ondo State vs AG Federation and 36 ORS.
The judge subsequently dismissed the suit with no cost awarded.
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