Advisory on Powers of ICPC to Prosecute Without Petition

Following the inquiries raised by some journalists and analysts at various fora, the Independent Corrupt Practices and Other Offences Commission has stated that the Commission can investigate and prosecute without receiving a petition and indeed has been doing so. This was made known via a statement signed by Folu Olamiti, the Commission’s Resident Consultant on Media and Events.
He pointed out that this position has received judicial support at the Court of Appeal sitting in Makurdi, Benue State as per attached story.

ICPC CAN PROSECUTE WITHOUT PETITIONS – COURT OF APPEAL RULES

The Court of Appeal sitting in Makurdi, Benue State has ruled that the Independent Corrupt Practices and Other Offences Commission (ICPC) has powers to investigate and prosecute cases without receiving petitions.

ICPC had approached the Court of Appeal, Makurdi Division,on 21 June 2011 asking the court to set aside the ruling of Nasarawa State High Court, discharging and acquitting the Chairman of Toto Local Government and Director of Finance of the council of corrupt practices.

Justice I. A Ramalan, now retired judge of the State High Court 3, Lafia in Nasarawa state, had in his ruling on 20 May 2008 discharged and acquitted the two accused of “11 count charge of conspiracy, to inflate prices of stationeries; and furnishing of false information all contrary to sections 26[1][c]; 22[3]; 19; and 16 of the ICPC Act”.

Lawyer Enosa Omoghibo of the ICPC in an application on 13 June 2011 asked the Court of Appeal to set aside the judgment of the State Court.

And on Friday 2 May 2014, justices of the Court of Appeal, Makurdi Division delivered judgment in the matter in favour of ICPC. The anti-graft agency has asked the Appeal Court to determine four issues.

One of he issues was ” whether the learned judge did not err in law when he held that since inflation of items supplied to the Local Government was not part of the allegations contained in the petition, investigating and prosecuting the accused was an abuse of the commission power”.

The presiding judge, Hon Justice Obande F. Ogbuinya of the court of appeal in his judgment citing sections 6[a] and 27[3] of ICPC Act said “The court noted that a petition is just a guide and it is not ultra vires the powers of the commission to investigate and prosecute offences outside a petition or initiate investigations and prosecutions without a petition”.

Consequently, the court resolved the issue in favour of the commission.

The implication of this landmark judicial pronouncement by the justices of the Court of Appeal has laid to rest misconceptions in some quarters as to whether the ICPC can initiate investigations without relying on petitions.

Author: NewsAdmin

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