Justice Mobolaji Olajuwon of the Federal High Court in Abuja has ordered the Independent Corrupt Practices and other related offences Commission (ICPC) to pay N5 million to a businessman, Mr. Eno Williams and his company, Nkrah Marine Limited, as compensation for freezing their accounts unlawfully.
Justice Olajuwon gave the order in a judgement delivered on January 18, 2022, ordering ICPC to lift the restrictions it placed on the affected bank accounts.
Mr. Williams had filed the suit, in conjunction with his company, for the enforcement of their fundamental rights to own property, through their counsel, Eric Ifere Esq.
ICPC had directed two banks, First City Monumental Bank Limited, and Zenith Bank Plc, to place a Post No Debit (PND) order on their bank accounts since October 14, 2021.
Reacting, Williams and Nkrah Marine Limited, on November 2, 2021, sued the anti-graft agency along with the two banks.
The plaintiffs indicated that the case under investigation by the commission was a debt recovery issue.
They also noted that the debt was a fallout of a commercial transaction between them and a firm, Shinning Light Interbiz Limited.
They insisted that ICPC has no investigative powers over the issue of debt recovery and urged the court to declare that the restrictions placed on their accounts, as well as the denial of access to the accounts, constituted a violation of their fundamental rights.
They also pleaded with the court to order the restrictions be removed immediately.
In the judgement, which was delivered on January 18, the court agreed with the plaintiffs.
Justice Olajuwon held that the PND order and their continued denial of access to operate their accounts since October 14, 2021 “are unlawful, void and in gross violation of applicants’ fundamental right to own property and pursue development of their economic and social interests.”
The court also directed the respondents – ICPC and the two banks – to remove the restrictions placed on the applicants’ bank accounts immediately.
It also ordered ICPC to pay N5 million to the applicants “as compensation for freezing the accounts of the applicants unlawfully.”
The court held that the two banks could not be held liable for the blocking of the bank accounts of the applicants without the backing of a court order.
It cited section 45(2) of the ICPC Act which frees banks, their agents of employees of any liability for complying with the anti-corruption agency’s instruction to place a PND on a bank account.
The judge stated that “the 1st respondent (ICPC) admitted knowing that the challenge to the invitation extended to the applicants was on the basis that the 1st respondent lacked authority to investigate the matter in issue between the applicants and Shinning light Interbiz Limited.”
Going further, it ruled: “As things stand therefore, the issue of the challenge to the authority of the 1st respondent to invite the applicants, on the basis that the 1st respondent does not have the power to investigate the petition received by it as same allegedly emanated from a commercial transaction is still a live issue pending at the Court of Appeal.
“It would therefore follow that anything that has to do with the invitation and investigation must be put on hold pending the outcome of the appeal so as not to foist on the Court of Appeal a fait accompli.”
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