ICPC Chairman sets historic precedent as first anti-graft chief to lead Court Prosecution

Fri, Sep 13, 2024
By editor
3 MIN READ

Defence

IN an unprecedented move within Nigeria’s anti-corruption sector, the Chairman of the Independent Corrupt Practices and Other Related Offences Commission, ICPC, Musa Adamu Aliyu, SAN, has made history as the first chairman of any Nigerian anti-graft agency to lead a prosecution in court personally.

During his inaugural press briefing in Abuja, Aliyu pledged to actively participate in the prosecution of key cases to reinforce the Commission’s mission. “I will lead by example,” he stated. “By the grace of God, I intend to personally appear in ICPC cases in court. To the best of my knowledge, no previous ICPC chairman has done this, but I will be the first. I am deeply committed to creating a Nigeria where integrity, accountability, and transparency are woven into the fabric of our society.”

Fulfilling this promise, Aliyu appeared at a High Court in Kano on Thursday, representing the ICPC in a case involving allegations of fund misappropriation by the Kano State government through its 44 local government caretaker chairmen. 

The defendants, including the state’s commissioner for local government and deputy governor, had previously secured an interim court order preventing the ICPC from conducting further investigations, summoning, or interrogating individuals involved in the alleged case.

As the first ICPC Chairman to personally appear in court, Aliyu underscored the symbolic importance of his presence. “I am here to honour my promise of leading from the front. This case is significant, and we must show that no one is above the law,” he said.

The case involves a legal challenge against the ICPC’s jurisdiction, with the defendants arguing that they had secured a court order halting investigations and had subsequently filed for contempt of court. Dr. Aliyu, however, firmly contested the legality of the caretaker chairmen’s positions, pointing to a Supreme Court ruling that prohibits the appointment of caretaker chairmen in local governments unless they are democratically elected.

“These individuals lack the legal standing to challenge the Commission,” Aliyu asserted. “They are challenging our jurisdiction while holding positions the apex court has already ruled to be illegal. I am here as both a lawyer and the Chairman of the ICPC to ensure that the law is upheld. We cannot allow anyone to misuse the legal system to evade accountability for their actions.”

This case follows allegations of fraudulent procurement practices by the Kano State government, specifically regarding the purchase of drugs through the caretaker chairmen. While the state governor, Alhaji Abba Kabir Yusuf, denied involvement, the case has drawn considerable public attention.

The applicants’ counsel, Shamsudeen Ubale Jibril, representing the Ministry for Local Government, ALGON, and the 44 caretaker chairmen, argued that it is unlawful for multiple agencies to investigate the same matter, referring to the practice as “forum shopping” and an “abuse of court process.” He further claimed that the ICPC had violated a previous court injunction by continuing its investigation.

Despite these legal maneuvers, Dr. Aliyu remains resolute in his mission to combat corruption and ensure justice is served, reinforcing his commitment to a transparent and accountable Nigeria.

Meanwhile ICPC has gone ahead to invite the speaker Kano state house of assembly to bring relevant documents related to the illegal extension of the tenure of the LG caretakers chairmen.

13th September, 2024.

C.E.

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