HomeJust InCourt Dismisses Fresh Suit Against ICPC, Upholds Commission’s Power to Freeze Accounts,...

Court Dismisses Fresh Suit Against ICPC, Upholds Commission’s Power to Freeze Accounts, Awards ₦600,000 Costs

-

 

A Federal High Court sitting in Abuja has dismissed a fresh suit challenging the Independent Corrupt Practices and Other Related Offences Commission’s (ICPC) authority to place Post-No-Debit (PND) restrictions on bank accounts, describing the action as “a clear attempt to create judicial anarchy” and “a classical act of abuse of court process.”

In a judgment delivered recently, Honourable Justice Emeka Nwite struck out the suit filed by James Erebuoye, Emon Aje Okune, and Dorason Global Construction Ltd. against ICPC, Polaris Bank Ltd., and Sterling Bank Plc.

The court held that the case, marked FHC/ABJ/CS/387/2022, was improperly before it and constituted an abuse of judicial process.

The court found that the plaintiffs had previously instituted two similar suits—CV/2278/2020 and CV/2279/2020—before the FCT High Court, challenging the same PND directives issued by ICPC.

On February 16, 2021, Hon. Justice Babangida Hassan dismissed both suits and affirmed that ICPC is empowered under Section 45(1) of the ICPC Act to impose a PND without first obtaining a court order.

Despite appealing that ruling at the Court of Appeal, the plaintiffs instituted another suit before the Federal High Court, seeking identical reliefs, including ₦95,287,200.00 in damages.

Justice Nwite held that the plaintiffs’ conduct amounted to an attempt to re-litigate already settled matters and to improperly invite the Federal
High Court to sit on appeal over a judgment of a court of coordinate jurisdiction.

ICPC, supported by Polaris Bank and Sterling Bank, had argued through a Preliminary Objection that the Federal High Court lacked jurisdiction to hear the matter.

The court agreed, stressing that a court of equal standing cannot review or overturn the decision of another court of similar jurisdiction.

The judge further noted that since the plaintiffs’ appeals against the 2021 judgment remain pending before the Court of Appeal, the proper legal course was to await the appellate court’s decision rather than initiate fresh proceedings in another court.

Consequently, Justice Nwite dismissed the suit in its entirety and awarded costs of ₦200,000 each in favour of ICPC, Polaris Bank, and Sterling Bank, totalling ₦600,000 against the plaintiffs.

The judgment reinforces ICPC’s statutory authority to issue Post-No-Debit directives in the course of investigations and strengthens judicial deterrence against forum shopping and repetitive suits filed in search of conflicting outcomes.

 

SUPPORT US

At Priceless Media Publishing Nig. Ltd /Securitynewsalert.com, we are steadfast in our commitment to independent journalism: reporting that is fearless, impartial, and free from the interference of powerful personalities, politicians and government interests.

Without corporate sponsorships or political affiliations, our ability to investigate freely rests in the hands of the people we serve—you!

Every donation helps us expose the truth, amplify silenced voices, and hold power accountable.
Stand with us because journalism should serve the people, not power.

• Account Name: PRICELESS MEDIA PUBLISHING NIG. LTD
• Account Number: 1943445259
• Bank Name: ACCESS Bank

LATEST POSTS

#ICPC Boss Flags Off Three-Day Workshop, Says Illicit Financial Flows Rob Nigeria of Vital Resources*

 Chairman of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Dr Musa Adamu Aliyu, SAN, on Tuesday flagged off a combined training workshop...

ICPC Rises to Second Most Transparent Federal Institution, Scores 80.13%

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has emerged as the second most transparent federal institution in Nigeria, scoring 80.13 per cent...

Ondo: Nurses Commend Clarification on Posting of Nurses, CHEWs

The Elegant Nurses Forum (ENF) has welcomed a clarification by the Ondo State Head of Service on the deployment of Nurses, Midwives and Community Health...

Nurses’ Group Petitions Police Over Alleged Sexual Harassment of Student Nurses at FMC Abeokuta

 An advocacy group, the Elegant Nurses Forum (ENF), has petitioned the Ogun State Commissioner of Police to investigate allegations of sexual harassment against student nurses...

Follow us

0FansLike
0FollowersFollow
0SubscribersSubscribe
spot_img

Most Popular

spot_img