The Federal High Court in Abuja has ruled that the Independent Corrupt Practices (ICPC) and Other Related Offences can freeze suspicious bank accounts for a maximum of 72 hours without court approval, reducing the one-year period provided in the ICPC Act.
Delivering the judgment in a case filed by the Lawyers Network Against Corruption (LNAC), Justice James Omotosho declared that freezing accounts for up to one year was “totally unreasonable” and could lead to abuse of power. The court held that such prolonged freezing infringes on the rights to property and fair hearing guaranteed by the Constitution.
The suit, filed by LNAC through lawyer Ezenwa Anumnu, challenged the ICPC’s practice of directing banks to freeze accounts without court orders. LNAC argued that this practice caused undue hardship and violated constitutional provisions, asking the court to declare Section 45(1) of the ICPC Act invalid and to restrain the ICPC from issuing such directives.
Justice Omotosho acknowledged the ICPC’s authority to freeze accounts under investigation but stressed the need to balance this with the constitutional rights of individuals. He ruled that the ICPC must seek court approval for any freeze order exceeding 72 hours, emphasizing the risk of injustice if account holders were left without access to their funds for extended periods.
The judge noted that while enforcement agencies require powers to seize suspected criminal proceeds for thorough investigations, the Constitution guarantees citizens the right to fair hearing. He explained that freezing accounts without judicial oversight undermines this right and could cripple personal or commercial interests.
Citing concerns about potential abuse of power, Justice Omotosho rejected the ICPC’s argument that its chairman could vary freeze orders within 12 months, describing the timeframe as excessive and detrimental to account holders. He affirmed the importance of fighting corruption but insisted that investigations must respect constitutional safeguards.
The court ruled that ICPC freeze orders are valid for 72 hours, after which they must be extended by a court.
