A Bauchi State High Court has refused an application seeking a perpetual injunction to restrain the Independent Corrupt Practices and Other Related Offences Commission (ICPC) from taking any action regarding the financial activities, described as “security votes,” of the Office of the Secretary to the Bauchi State Government (SSG).
The suit, marked BA/834M/2024, was instituted by nine applicants under the name “Concerned Indigenes of Bauchi State.” They alleged a loss of confidence in the ICPC, the Economic and Financial Crimes Commission (EFCC), and the Nigerian Financial Intelligence Unit (NFIU), accusing the agencies of failing to discharge their statutory duties in relation to alleged financial misconduct in the SSG’s office.
The applicants contended that the anti‑graft bodies had deliberately failed to act on numerous complaints lodged against the SSG’s office. They therefore prayed the court to order the ICPC, EFCC, and NFIU to step aside from the matter and hand it over to the Nigeria Police for investigation.
Counsel to the applicants, Mr. M.J. Jaldi, argued that certain actions of the 4th respondent, the Bauchi SSG, including the alleged payment of large sums in cash without passing through financial institutions contravened provisions of the Money Laundering (Prohibition) Act, warranting police investigation.
In opposition, the ICPC filed a counter‑affidavit challenging all the reliefs sought. The Commission, supported by the EFCC, argued that the applicants were attempting to use the court to undermine the statutory mandates of the anti‑corruption agencies. They further noted that the applicants had not submitted any formal complaints or petitions against the 4th to 25th respondents to the agencies.
The ICPC also maintained that neither it, nor the EFCC or NFIU, are the sole anti‑corruption bodies in Nigeria. They argued that nothing prevented the applicants from approaching other competent agencies, including the police, to investigate the alleged corrupt practices, rather than seeking to bar the 1st to 3rd respondents from acting.
Delivering judgment, Honourable Justice F.U. Sarki held that the investigative and prosecutorial powers of the ICPC, EFCC, and NFIU do not exclude those of the Nigeria Police. The court observed that the police possess even broader and more general powers in such matters.
Justice Sarki concluded that it was beyond the court’s authority to restrain the 1st to 3rd respondents from performing their statutory functions. Consequently, the application for a perpetual injunction was dismissed.
