By Austin Ogwuda
THE Independent Corrupt Practices and Other Related Offences Commission (ICPC) has been given a clean bill of health to launch investigation and prosecute any official of Delta State Government found to engage in corrupt practices.
The order came from the Federal High Court, Asaba Division, Delta State, Nigeria in its judgment following a suit filed by the Delta State Attorney-General (AG) 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.
Delta State government in the Suit filed before the Court, numbered FHC/CS/165/2023 contended that by Sections 120, 121, 122, 123, & 125 of the 1999 Constitution of the Federal Republic of Nigeria (as Amended), that 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.
In a counter argument, The Commission represented by the Director of Legal Services Department, Mr. Henry Emore submitted that the ICPC Act 2000 does not discriminate between the State Government and the Federal Government in the fight against corruption.
He 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 as 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.
Delivering judgment Tuesday, Justice F. Olubanjo agreed with the submissions of ICPC in its entirety and held that Nigeria is practising cooperative federalism and as such the fight against corruption is a function of both the States and the Federal Government, stating 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.
Spokesperson for the Commission, Demola Bakare described the Asaba judgment as sound, heartwarming and great encouragement in the fight against corruption.
