Court Rejects Constitutional Challenge To ICPC Act, Clears Way For Investigations Of Two Former Lawmakers
The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has secured a significant legal victory at the Federal High Court sitting in Umuahia, Abia State, in two separate suits challenging the Commission’s statutory mandate to investigate corruption-related offences.
The Court dismissed the suits filed 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 in connection with a petition concerning their activities while in office.
The suits, marked FHC/UM/CS/108/2025 and FHC/UM/CS/109/2025 respectively, contended that Section 28 of the Corrupt Practices and Other Related Offences Act, 2000, under which they were invited by the Commission, was inconsistent with Sections 35 and 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
In its judgment, the Court held that the Commission possesses the statutory authority to investigate offences bordering on corruption and related matters, and that Section 28 of the Act is not inconsistent with the cited constitutional provisions.
The Court further held that the plaintiffs’ actions amounted to an attempt to deploy the judicial process to shield themselves from lawful investigation.
Accordingly, the Court refused all reliefs sought by the plaintiffs, noting that granting such requests would amount to providing judicial cover against the lawful exercise of the Commission’s statutory functions.
The Court also 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 Commission to proceed with its investigation of the plaintiffs.
