Skip to main content

Court Affirms ICPC’s Power to Investigate, Prosecute Delta State Government Officials

A Federal High Court sitting in Asaba, Delta State has upheld 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.

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 (ICPC Act) to investigate State finances and invite Delta State officials for interviews in the course of investigations.

The Plaintiff in the Suit FHC/CS/165/2023 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.

However, ICPC argued that Sections 6 and 28 of the ICPC Act 2000 empower the Commission to exercise its enforcement function on "any person" including state government officials.

The Commission, represented by the Director of Legal Services Department, Mr. Henry Emore, stressed that the ICPC Act 2000 does not discriminate between the State Government and the Federal Government in the fight against corruption. Furthermore, there is no conflict between the provisions of Sections 6 and 28 of the ICPC Act and Sections 120-125 of the Constitution; the two are rather, complementary.

In his judgement on Wednesday, the 7th of May, 2024, Justice F. Olubanjo of the Federal High Court, Asaba Division agreed with the submissions of ICPC in its entirety and held that Nigeria practised cooperative federalism; and as such the fight against corruption is a function of both the States and the Federal Government.

He also noted that the issues before the Court had been settled in a plethora of appellate decisions, among which is the Supreme Court Judgement in AG ONDO STATE VS AG FEDERATION & 36 ORS. 

The suit was therefore dismissed with no cost awarded.

Signed

Demola Bakare, fsi

Ag. Director, Public Enlightenment and Education/

Spokesperson for the Commissio

Comments

Post a Comment

Popular posts from this blog

OBOREVWORI: How Not To Glorify A 'One Chance' Governor - By Zik Gbemre

It is appalling how, in desperation to sustain its thieving hegemony over the Delta State Government since 1999, the Delta PDP had the audacity to impose the weakest, most uninformed contender, a local champion, as Governor over a state replete with accomplished men and women of immense capacity. Given this unenviable privilege, one would have expected the fortunate placeholder governor, Sheriff Oborevwori—whose only election campaign manifesto was pledging to improve on the failed leadership of Ifeanyi Okowa, his predecessor—to engage creative minds and individuals of proven integrity to assist him in making a difference. Rather than doing the needful, Oborevwori has worsened matters by electing to engage the same spent leaders, deadwood, and gluttons that have gained prominence in running the state down over successive administrations. The result has been a government of mediocre officeholders competing to run the state for their pockets at the detriment of the populace, under a gove...
Post a Comment
Read more

EDO GUBER ELECTION: Omo-Agege, Faith Majemite, Others Appointed Into APC National Campaign Council

Ahead of the September 21 governorship election in Edo State, the National Working Committee of the All Progressives Congress (APC) unveiled a 197-member council on Wednesday to lead its campaign. According to the list released by APC National Organising Secretary, Sulaiman Argungu, Cross River State Governor Bassey Otu has been appointed as the chairman of the campaign council. Governor Otu will be supported by Katsina State Governor Dikko Radda as co-chairman and former Edo State Governor Adams Oshiomhole as deputy chairman. Other members of the 197-member team include Senator Ovie Omo-Agege, who will serve as Assistant Secretary; Senate President Godswill Akpabio; Speaker of the House of Representatives, Tajudeen Abbas; Minister of Aviation, Festus Keyamo; Ogun State Governor, Dapo Abiodun; Lagos State Governor, Babajide Sanwo-Olu; Hon. Faith Majemite; and other governors elected on the APC platform. The recently reinstated Deputy Governor of Edo, Philip Shaibu, who recently defecte...
Post a Comment
Read more

THE ENDURING LEGACY OF LEADERSHIP: Chief James Ibori Celebrated for His Impact on Delta State

On Friday, May 31st, during the funeral service for the Late Asagba of Asaba, the essence of true leadership was vividly displayed. The service featured the introduction of various dignitaries, including Senator George Akume, Secretary to the Government of the Federation who represented President Bola Tinubu, Governor Sheriff Oborevwori, Governor Godwin Obaseki, and Former Governor Ifeanyi Okowa. As each dignitary was introduced, the church remained silent. However, the atmosphere dramatically changed when the name of Former Governor James Ibori was announced; the congregation erupted in wide jubilation and applause. This reaction was so profound that even Senator George Akume and Governor Obaseki could not hide their astonishment. The enthusiastic reception for Chief James Ibori during this solemn occasion highlighted his enduring legacy among the people of Delta State. Despite having left office seventeen years ago, he continues to be celebrated whenever he attends public functions i...
Post a Comment
Read more