The Federal High Court in Abuja has shorten the duration for which the Independent Corrupt Practices and Other Related Offences Commission can freeze suspicious bank accounts to 72 hours.
The court, Theliberationnews gathered, described the provision in the ICPC Act, which allows account freezes for up to one year, as “totally unreasonable” and an overreach of judicial authority.
Delivering the judgement in a suit filed by the Lawyers Network Against Corruption, Justice James Omotosho ruled that while citizens’ rights to movable property and bank account privacy were not absolute, granting the ICPC such extensive powers risks abuse.
He remarked, “Power corrupts, and absolute power corrupts absolutely.”
The lawsuit, initiated by Abuja-based lawyer, Ezenwa Anumnu, on February 21, 2024, accused the ICPC of unilaterally freezing bank accounts and withholding assets without obtaining court orders.
LNAC argued that these actions caused undue hardship and injustice to innocent Nigerians.
The group sought a declaration that the ICPC lacks the authority to unilaterally restrict access to money or property in bank accounts without court approval, as required under Sections 36(1) and (2) of the 1999 Constitution.
It also argued that Section 45(1) of the ICPC Act, 2020, which empowers the Commission to freeze accounts, is inconsistent with the Constitution and should therefore be nullified.
The LNAC further requested an order restraining the ICPC and its agents from issuing such directives without judicial oversight.
In his ruling, Justice Omotosho emphasised the importance of fair hearing as enshrined in Section 36 of the Constitution, which guarantees individuals the right to be heard before decisions are made about their property.
“Where a law does not provide such an opportunity, it risks being declared invalid,” he stated.
He added that Section 44(1) of the Constitution guarantees Nigerians the right to own property, but this right can be curtailed under certain conditions, provided due process is followed.
The judge concluded that while the ICPC has a role in combating corruption and unjust enrichment, freezing bank accounts for up to one year without court approval is excessive and undermines the powers of the judiciary.
He ruled that the ICPC Chairman may freeze suspected accounts for 72 hours under Section 45(1) of the ICPC Act but must seek court approval to extend the freeze if investigations are ongoing.
“Freezing an account for up to one year is totally unreasonable and likely to result in abuse of power. The law must strike a balance between combating corruption and protecting citizens’ rights,” Justice Omotosho said.
This ruling underscores the court’s insistence on judicial oversight as a safeguard against potential abuse of executive powers.
