NewsRights and Labour

Court Limits ICPC’s Power to Freeze Bank Accounts to 72 Hours

1 Mins read

By Bunmi Yekini

A Federal High Court in Abuja has ruled that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) can only freeze suspicious bank accounts for 72 hours, reducing the one year previously allowed under the ICPC Act. Justice James Omotosho delivered the judgment, describing the year-long freeze as “totally unreasonable” and an infringement on citizens’ rights.

The case was brought by the Lawyers Network Against Corruption (LNAC), represented by Abuja-based lawyer Mr. Ezenwa Anumnu. LNAC argued that ICPC’s powers to freeze accounts without court orders were unconstitutional and caused undue hardship to innocent Nigerians.

Justice Omotosho highlighted the need to balance citizens’ rights with the ICPC’s mandate to fight corruption. “Allowing the ICPC Chairman to give directives to banks to freeze accounts without court order is capable of working injustice to the owners of such accounts,” he said. “This power is liable to be abused as the freezing may last longer than necessary, crippling personal or commercial interests.”

He further emphasized the importance of fair hearing as guaranteed by Section 36 of the Nigerian Constitution. “Before decisions are made concerning a person, he must be afforded the opportunity to be heard,” the judge noted.

Rejecting ICPC’s argument that account freezes could last up to a year, Justice Omotosho reasoned that such a duration was “inimical to progress,” particularly in cases where investigations do not lead to charges. He compared the ICPC’s powers to those granted to the Economic and Financial Crimes Commission (EFCC) under the Money Laundering Act, which restricts account freezes to 72 hours.

In his ruling, the judge stated, “Freezing an account for up to one year, as argued by the Respondents’ counsel, is totally unreasonable and usurps the powers of the Court.”

However, Justice Omotosho acknowledged the ICPC’s crucial role in combating corruption, noting that the revised 72-hour period ensures suspected accounts remain under scrutiny while preventing potential abuses of power.

Related posts
AdvocacyNews

20 Years of Impact: How Lady Judith Eyegho’s NGO is Transforming Youths Across West Africa

2 Mins read
By Bunmi Yekini “Nothing gives me more joy than seeing a young person turn away from addiction and embrace a responsible life.”…
HealthNews

“I Thought It Was Just Part of the Job”: Shocking Lancet Study Exposes Widespread Sexual Harassment of Female Doctors in Sri Lanka

1 Mins read
By Bunmi Yekini The brutal rape and murder of a female doctor in India in August 2024, followed by the workplace rape…
News

APC-IGG President Tsoken Felicitates Tinubu, Muslims on Eid-el-Fitr, Urges Unity and Prayers

1 Mins read
By Sani Wakili The National President of the All Progressives Congress Initiative for Good Governance (APC-IGG), Ambassador Musa Muhammed Tsoken, has congratulated…
Subscribe To Our Newsletters 

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.