Court Rules ICPC Has Powers To Investigate Govt Officials.

Federal High Court sitting in Asaba, Delta State, has upheld the powers of the Independent Corrupt Practices and Other Related Offences Commission to investigate and prosecute officials of Delta State Government who allegedly engage in corrupt acts.

The Attorney-General of the State had filed a suit challenging the powers of the Commission under sections 6 and 28 of the Corrupt Practices and Other Related Offences Act 2000 to investigate state finances and invite Delta State officials for interviews in the course of investigations.

The plaintiff in the suit also contended that, by sections 120, 121, 122, 123, & 125 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), it is only the Delta State House of Assembly and the Auditor General of Delta State that have the powers to look into the state’s finances and demand for documents.

ICPC also said, sections 6 and 28 of the ICPC Act 2000 empowered the Commission to exercise its enforcement function on “any person” including state government officials.

The Commission, represented by the Director of Legal Services Department, Henry Emore, stressed that, the ICPC Act 2000 does not discriminate between the State Government and the Federal Government in the fight against corruption, while, in his judgment on Wednesday, the 7th May, 2024, Justice F. Olubanjo of the Federal High Court, Asaba Division agreed with the submissions of the 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.