The Association of Local Governments of Nigeria (ALGON) and the Kano State Ministry of Local Government and Chieftaincy Affairs have taken legal action against the Independent Corrupt Practices Commission (ICPC) over allegations of violating a court order on a multi-million naira drug scam.
The lawsuit, filed by ALGON chairman, 44 local government chairmen, and the Kano State Ministry for Local Government and Chieftaincy Affairs, is accusing the ICPC and other agencies of overstepping a court order obtained to halt investigations into the alleged drug scam.
Counsel for the applicants, Shamsu Ubale Jibrin, has filed a fundamental rights suit against the ICPC, the Economic and Financial Crimes Commission (EFCC), the Kano State Public Complaints and Anti-corruption Commission (PCACC), the Nigeria Security and Civil Defence Corps (NSCDC), and the police.
At a court session on Thursday, Jibrin told the court that the applicants were not prepared to proceed but had two applications to present.
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On August 27, 2024, the court granted an interim injunction restraining the respondents from investigating, arresting, or interfering with the matter until the substantive application could be heard and determined.
The PCACC had previously initiated an investigation into the 44 LG chairmen regarding a contract with Novomed, valued at N400 million.
“We have filed a Form 48 for contempt of court proceedings against the respondents, requesting that they be prohibited from participating in the matter until they comply with the court’s order.
“It is unlawful and a breach of fundamental rights for the respondents to investigate a matter that the court has already restrained them from,” Jibrin averred.
In response, Dr Musa Adamu Aliyu SAN, counsel for the ICPC, argued that the commission had only invited Abdullahi Aliyu Dederi, the caretaker chairman of Karaye LGC, for questioning.
He stated that Dederi was not a party to the case and cited a Supreme Court ruling which prohibits the management of local councils by caretaker chairmen.
Aliyu emphasised that the ICPC has constitutional authority under Section 287(1) of the 1999 Constitution to enforce Supreme Court decisions.
Aliyu opposed the applicants’ application and urged the court to proceed with the matter.
Justice Ibrahim Musa Karaye adjourned the case for the hearing of all pending applications and ordered that the case file be remitted to the chief judge of the state for reassignment to another judge.
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