Court Bars ICPC From Former Customs Boss Dikko’s Trial
The Independent Corrupt Practices and other Related Offences Commission (ICPC) and its Chairman Prof Bolaji Owasanoye have been restrained from arresting and prosecuting Abdullahi Inde Dikko, an ex-Comptroller General of Customs.
They were restrained by a Federal High Court in Abuja from prosecuting the one-time Customs boss in relation to the allegation that he obtained N1.1 billion from a firm -Cambial Limited – under false pretence.
Justice Ahmed Mohammed, in a judgment in a suit marked: FHC/ABJ/CS/980/020 held that there was nothing in Cambial Limited’s petition, dated December 21, 2016, on which the ICPC and Owasanoye claimed to rely in inviting Dikko, to suggest that the ex-Customs boss committed a criminal offence.
Justice Mohammed, who resolved the sole issue he identified for determination, in favour of the applicant, was of the view that Dikko effectively discharged the burden placed on him by law to prove, by affidavit evidence, that his fundamental rights were being threatened.
The judge, in the judgment delivered on December 18, held that the ICPC and its Chairman (listed as the second and third respondents in the fundamental rights enforcement suit by Dikko) like the police, could only exercise their power to invite or arrest anyone if there is a reasonable suspicion of the person having committed a criminal offence or he/she was about to commit any.
“Taking another look at exhibit six, upon which the second and third respondents claimed to rely, in persistently inviting the applicant, I find no iota of suspicion therein, that the applicant has committed a criminal offence that would warrant his being harassed, intimidated and subjected to threat of arrest for failure to honour their invitation,” the judge said.
He added that, by its petition to the ICPC and its Chairman, Cambial Ltd merely sought to use them as debt recovery agents, which power they lack under the law.
“I am not in doubt that the purport of exhibit six (the petition) is to use the second and third respondents as debt collectors for the fourth respondent.
“Exhibit six clearly and loudly speaks for itself. It is evidently asking the second and third respondents to obtain the payment of the balance of the sum of 754,952,380.96 owed to it by the Nigeria Customs Service (NCS).
“Once again, I say that exhibit six relied on by the second and third respondents in their defence, in its literal sense, talks about the shortfall in the payment made to the fourth respondent (Cambial Ltd) in respect of the contract executed between the fourth respondent and NCS.
“There is nothing in exhibit six to suggest that the applicant has committed any offence known to law.
“Consequent on the above, it is the finding of this court that the second and third respondents acted beyond their powers donated to them under the second respondent’s (ICPC) Act, and consequently violated the applicant’s rights by harassing, intimidating and threatening to arrest and detain the applicant,” Justice Mohammed said.
