The Federal High Court in Abuja has reduced the maximum duration for freezing suspicious bank accounts by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to 72 hours.
The court ruled that the provision in the ICPC Act allowing account freezes for up to one year is “unreasonable” and an overreach of judicial authority.
Justice James Omotosho, delivering the judgment in a suit filed by the Lawyers Network Against Corruption (LNAC), stated that while citizens’ rights to bank account privacy and movable property are not absolute, granting the ICPC such prolonged powers could lead to abuse. He cautioned, “Power corrupts and absolute power corrupts absolutely.”
The lawsuit, initiated by Abuja based lawyer Ezenwa Anumnu on February 21, 2024, challenged the ICPC’s practice of freezing bank accounts and seizing assets without prior court approval. LNAC argued that these actions caused unnecessary hardship and injustice to innocent individuals.
The group requested the court to declare that the ICPC cannot unilaterally restrict access to funds or property without court approval, as required by Sections 36(1) and (2) of the 1999 Constitution. LNAC also argued that Section 45(1) of the ICPC Act, which permits the Commission to freeze accounts, contradicts the Constitution and should be voided.
Additionally, LNAC sought an order to prevent the ICPC from freezing accounts or withholding property without judicial oversight.
Justice Omotosho emphasized the constitutional right to a fair hearing, as outlined in Section 36, which mandates that individuals be given an opportunity to defend their property rights before any restrictive action is taken. He further noted that Section 44(1) of the Constitution guarantees citizens the right to own property, which can only be limited under specific conditions if due process is followed.
The judge acknowledged the ICPC’s role in fighting corruption but criticized the provision allowing account freezes for up to one year as excessive and likely to be abused. He ruled that the ICPC can freeze accounts for up to 72 hours under Section 45(1) of the ICPC Act but must seek court approval to extend the freeze if investigations are still ongoing.