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Tag: the Independent Corrupt Practices and other related offences Commission (ICPC)

  • ICPC cautions lawyers over petitions against anti-corruption agencies

    ICPC cautions lawyers over petitions against anti-corruption agencies

    The Chairman of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Dr. Musa Adamu Aliyu, SAN, has cautioned members of the Nigerian Bar Association (NBA) over writing unnecessary and frivolous petitions against anti-corruption agencies and judges in the course of litigations.

    The ICPC Boss issued the caution when he  hosted the Chairman and members of National Litigation Committee (NLT) of the NBA, at the Commission’s Headquarters in Abuja.

    According to Dr. Aliyu, “writing unnecessary petitions against officers of the Commission and Judges without concrete justification is not proper, as we are all colleagues and partners in the fight against corruption.”

    He advised  that appropriate professional measures should be explored in resolving issues arising between lawyers and anti-corruption officers in the course of investigations and litigations.

    The Chairman pointed out that, writing frivolous petitions against Judges and officers involved in the fight against corruption does not help matters, noting “it does not encourage those who are working so hard to rid Nigeria of corruption.”

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    He said: “In ICPC, there is no harassment of lawyers. We ensure that the rights of lawyers are protected, so also the rights of our officers in the cause of their duties”.

    He advised the NBA not to hesitate to draw the attention of the Commission whenever there are concerns, as ICPC is committed to looking into such issues objectively and addressing them accordingly.

    “We at ICPC, we try our best to see that we protect the rights of suspects and their lawyers. Since I came in here as the Chairman, I have not received any complaint of lawyers being harassed by the officers of the Commission” he stated.

    He added that ICPC encourages mutual, professional respect and understanding in line with the law and called on the lawyers to extend the same courtesy to the officers whenever they have anything to do with the Commission.

    Earlier, the Chairman of the Committee, Vincent Otaokpokpu, informed the Chairman that they were at the Commission’s Headquarters to brief him on the responsibilities of the Committee as contained in their Terms of Reference issued by the NBA.

    He told his host that the Committee was the first to be inaugurated by the current leadership of the NBA to protect the rights of the lawyers while doing their jobs.

     He said that ICPC in its fight against corruption will have causes to interface with lawyers hence, they considered the Commission a critical partner in ensuring that the rights of their members are protected.

    Mr. Otaokpokpu stated that “the committee was inaugurated and charged with the responsibilities of advocating for the rights of lawyers, assist in the promotion of interest of lawyers, assist in the defense of lawyers who are subjected to one form of humiliation, harassment or the other by law enforcement agents”.

    He told the chairman that the Committee seeks to collaborate with the Commission on how to join forces against corruption, while protecting the interest and rights of their members.

    He however, noted that the Committee was not unaware of the challenges ICPC might be facing in terms of relating with the lawyers of corruption suspects, as some of them may tend to be over zealous in trying to defend their clients.

    The Committee then pledged to assist in educating lawyers on how they can better protect the integrity of the Bar and promote the Rule of Law, revealing that the Committee was ready to collaborate with the ICPC even in litigation matters.

    The ICPC Chairman seized the opportunity to encourage all lawyers to take Anti-money laundering issues seriously as they are contained in the NBA profession guidelines.

  • ICPC hails armed squad for exceptional performance

    ICPC hails armed squad for exceptional performance

    The Chairman of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Dr. Musa Adamu Aliyu, SAN, has commended members of the Commission’s armed squad for their outstanding performance during a recent evaluation exercise.

     This exercise included shooting, marksmanship, tactical drills, and a stripping demonstration.

    The performance evaluation took place at the 177 Battalion Guard Brigade of the Nigerian Army base in Keffi, Nasarawa State, on Saturday.

    Dr. Aliyu applauded the squad for their discipline, precision, and professionalism displayed during the rigorous training sessions.

    He emphasised that their high-level performance demonstrated their readiness to combat corruption and protect ICPC officers while carrying out their official duties.

    “The armed squad has shown remarkable improvement and a commitment to excellence in handling arms and ammunition. This reflects their dedication to duty and preparedness to confront any security challenges they may encounter,” he stated.

    The Chairman underscored the importance of the exercise in boosting the squad’s confidence and effectiveness in high-risk operations.

    He highlighted the synergy between the ICPC and the Nigerian Army, expressing gratitude for the military’s support in training the Commission’s armed personnel.

    Dr. Aliyu noted that such partnerships were crucial for strengthening Nigeria’s anti-corruption efforts.

    “By collaborating with the Nigerian Army, we are ensuring that our armed squad receives world-class training to meet the challenges of combating corruption. This collaboration is essential in building a secure and corruption-free society,” he added.

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    He concluded by reaffirming the commission’s commitment to providing the armed squad with adequate resources and continuous training while urging them to remain steadfast in fulfilling their duties with integrity and diligence.

    In his remarks, Lieutenant Colonel Abi Enuwa, the Commanding Officer of the 177 Guards Battalion Brigade, represented by Major M.A. Sani, commended the ICPC for its dedication to combating corruption in Nigeria.

    He praised the commission for organising the training programme for the armed squad, which aims to enhance their operational capacity and instil discipline in the fight against corruption.

    Major Sani acknowledged that the ICPC’s initiatives were crucial for ensuring accountability and integrity in governance, aligning with the military’s national security objectives.

    He further emphasised the importance of such training in equipping personnel with the skills necessary to confront corruption effectively.

    He urged the trainees to apply the knowledge and strategies gained during the programme to contribute meaningfully to the ICPC’s mission and the broader goal of achieving a corruption-free society.

    The event concluded with a live demonstration of tactical drills and shooting accuracy by the armed squad, the ICPC Chairman and other senior ICPC officials present at the event.

    The training and evaluation focused on marksmanship, tactical drills, the stripping and maintenance of different firearms, and operational readiness, all aimed at enhancing the squad’s capabilities.

  • AGF faults Kogi, 18 States’ suit querying legitimacy of EFCC, ICPC, NFIU

    AGF faults Kogi, 18 States’ suit querying legitimacy of EFCC, ICPC, NFIU

    The Attorney General of the Federation (AGF) Lateef Fagbemi has faulted the suit filed by 19 States including Kogi, querying the constitutionality of the laws establishing the nation’s anti-corruption agencies.

    In a counter-affidavit to the suit, the AGF argued that the National Assembly validly enacted the laws establishing the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and other related offences Commission (ICPC) and the Nigerian Financial Intelligence Unit (NFIU).

    The AGF urged the Supreme Court to dismiss the suit on the grounds that issues raised by the plaintiffs have already been resolved before now by the Court of Appeal and the apex court.

    Fagbemi also argued, in a notice of preliminary objection, that the Supreme Court lacked the jurisdiction to hear the case because the grievance of the plaintiffs is what only the Federal High Court could adjudicate on.

    He argued that the complaints of the plaintiffs are against the the Federal Government of Nigeria and its anti-corruption agencies, but not against the Federal Republic of Nigeria to warrant the invocation of the  apex court’s jurisdiction.

    In the counter affidavit, deposed to by an official of the Federal Ministry of Justice, the AGF, who is the sole defendant on the suit, said all the facts deposed to by the plaintiffs in the affidavit in support of the amended originating summons are false, misleading and do not reflect the correct position in relation to the subject matter of this suit.

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    “The plaintiffs’ suit, inter-alia challenges all the anti-corruption laws/statutes in Nigeria and in particular the Nigerian Financial Intelligence Unit (NFIU) guidelines, issued on the 23rd of January, 2023 to strengthen the fight against money laundering, terrorism and related matters.

    “The NIFU Guidelines was issued by the Nigerian Financial Intelligence Unit (NFIU) pursuant to its powers under Section 23(2), 3(s) & 1(d) of the NFIU Act, 2018 to combat money laundering, terrorism financing and proliferation financing. 

    “The Guidelines was necessitated by the result of analysis by the unit (NFIU) on the negative impact of cash flow from public accounts on the discharge of its mandate of combating money laundering, terrorism financing and proliferation financing.

    The National Assembly exercises its legislative powers under the Nigerian Constitution with regards to corruption and abuse of office and upon any convention or treaty. 

    There is no need to seek the concurrence of sub-national whereas (in this case) the National Assembly is acting pursuant to its legislative powers under the Constitution. 

    The National Assembly does not need the ratification or concurrence of the plaintiffs’ Houses of Assembly to pass the EFCC Act, ICPC Act, NFIU Act, the Proceed of Crime (Recovery and Management) or any anti-corruption Act or statute into Law. 

    EFCC Act, ICPC Act, NFIU Act are enforceable against any person in Nigeria, including the officials of the plaintiffs and those of Local Government Councils. 

    The EFCC and ICPC have recovered several misappropriated funds and property of the states and have returned same to those component states. 

    The Honourable Attorney General of the Federation (defendant herein) has the powers to prosecute any person, including the officials of the plaintiffs if investigation reveals that the person committed an economic crime. 

    The investigation to expose commission of economic crime by EFCC, ICPC and the NFIU is not an interference with the powers of the plaintiffs’ government or the state House of Assembly. 

    “The NFIU Act not only empowers NFIU to make Guidelines, but also to strengthen existing measures of combating money laundering, terrorism financing and proliferation financing (AML/CFT/CPF) which is the intendment of the guidelines; 

    “The issue surrounding the powers of the NEIU to make Guidelines affecting the States has been finally determined by the Court of Appeal in the judgement in Appeal No: CA/ABJ/CV/822/2022 delivered on the 21st day of May, 2024, in a suit instituted by the plaintiffs and other states of the Federation wherein they challenged similar Guidelines before the Federal High Court in suit No: FHC/ABJ/CS/563/2019 and lost. 

    “The Court of Appeal, affirmed the decision of the trial Federal High Court against all the plaintiffs in that suit, including these present plaintiffs, who have not appealed further. 

    “The decision of the Court of Appeal is binding on all persons and authorities, including the instant plaintiffs. 

    “The NFIU Guidelines was issued to the reporting entities, that is financial institutions for compliance. Reference to the tiers of government and other public officials is merely for their attention and noting; 

    “The claims by the plaintiffs are not in conformity with the principles behind the guidelines initiated by the Nigerian Financial Intelligence Unit (NFIU) aimed at curbing corruption and the menace of Money Laundering/Terrorism Financing in Nigeria and also to bring more fransparency in every’sector of the Nigerian economy in line with global best practices.”