The businessman failed in a court bid to stop the ICPC investigation into an alleged N350m contract fraud

A businessman, Paul Afagase, failed in his bid to ask the court to stop the Independent Corrupt Practices and Other Related Offenses Commission (ICPC) from investigating him over alleged contract transactions worth ₦350 million.
The Federal High Court in Abuja has dismissed his lawsuit and sought a lasting injunction to stop the ICPC from inviting or investigating him in connection with what he described as a civil dispute involving himself, Richard Okozi and Rokozi Investment Limited.

A statement provided to journalists on Monday, and signed by ICPC spokesperson, Okor Odey, said that while delivering the verdict, Justice JK Omotosho ruled that the anti-corruption agency has the legal authority to investigate allegations of corruption and cannot be restricted in carrying out its duties.

Afagase argued that the matter was purely contractual and the ICPC should not be used as a debt recovery agency.

The plaintiff also told the court that he had previously been invited and cleared of any wrongdoing by the Nigerian Police and the Economic and Financial Crimes Commission.

Afagase further alleged that the ICPC’s invitation amounted to intimidation, threats of arrest and a violation of his human rights. He is also demanding damages of ₦500 million.

However, Justice Omotosho rejected the claim, stating that the court will not prevent law enforcement agencies from conducting investigations if allegations of criminal activity are raised.

“The courts will not serve as a shield for individuals who wish to evade lawful investigations,” the judge stressed.

He added that the ICPC is authorized by law to investigate petitions alleging corruption, especially where public institutions and officials may be involved.

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The judge also noted that the contractual arrangements at the center of the dispute allegedly involved government Ministries, Departments and Agencies, and thus fell within the commission’s investigative jurisdiction.

On Afagase’s claim that he had been released by the police and the EFCC, the court ruled that no evidence had been presented to support the statement.

Justice Omotosho said the only evidence before the court was that the plaintiff was invited by the agency, not that the outcome of the investigation was in his favor.

“The right way for the plaintiff is to fulfill the commission’s invitation so that it can carry out an investigation,” added the judge.

According to the ICPC, the case stemmed from a petition alleging that ₦350 million was paid in an effort to obtain contracts intended for certain public institutions.

When the contract allegedly failed to materialize, the contractor reportedly filed a complaint with the Department of State Services, which then referred the matter to the ICPC for investigation.

Odey said the decision affirmed the commission’s legal mandate to investigate corruption-related allegations.

“The ruling reinforces the principle that investigative agencies should not be hindered in carrying out their legal responsibilities,” he said.