- As Court affirms anti-graft agency’s investigative powers
BY EDMOND ODOK – The Federal Capital Territory (FCT) High Court in Abuja has declared as unmeritorious 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, in the suit number FCT/HC/CV/3384/2024, challenged the ICPC’s invitation to him for allegedly appropriating official vehicles belonging to the Federal Government even when under suspension from official duties.
An official statement signed by the ICPC’s spokesperson, Demola Bakare, said the applicant had claimed that being invited by the Commission amounted to harassment, intimidation, and a violation of his fundamental rights to personal liberty and freedom of movement as enshrined in Sections 35 and 41 of the 1999 Constitution (as amended).
Also, Captain Nuhu had argued that being under investigation by the Economic and Financial Crimes Commission (EFCC) already, the ICPC’s invitation constituted a duplication of investigative functions and an infringement on his rights.
But filing a 13-paragraph counter-affidavit filed before the Court, the ICPC explained that Captain Nuhu failed to return three official vehicles belonging to the Federal Government, eight months after his suspension.
The anti-corruption Commission identified the vehicles as a Toyota Land Cruiser VXR V8 5.7 (2019 model), a Toyota Hilux (2018 model), and a Lexus LX 570s (2019 model).
Further explaining that the vehicles were government properties still in the applicant’s possession, the ICPC said inviting Captain Nuhu was within lawful bounds of its statutory mandate to recover public assets pending the conclusion of investigations.
The Commission also clarified that the suspended NCAA boss’ invitation was strictly limited to the recovery of the vehicles and not related to any other corruption investigation being conducted by the EFCC, stressing that the exercise of its powers under the ICPC Act does not amount to harassment but is part of its duty to safeguard public property and ensure accountability among public officials.
In delivering her judgment, Honourable Justice Njideka Nwosu-Iheme said Captain Nuhu failed to establish any breach of his fundamental rights or any basis for judicial intervention.
She declared thus, “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.”
The Presiding Judge affirmed the Commission’s legal authority to invite and question suspended or serving public officers over the use or retention of government property pending investigations.
By this ruling, the ICPC’s right to effectively execute its mandate, especially in matters involving the recovery of public assets has been reaffirmed, consequently reinforcing the recognition of the anti-graft agency’s role by the judiciary in promoting accountability and integrity within the public sector, the statement by Demola Bakare said.
