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.