A Federal High Court sitting in Abuja has dismissed a fresh suit challenging the power of Independent Corrupt Practices and Other Related Offences Commission (ICPC) to place Post-No-Debit (PND) restrictions on bank accounts, describing the action as “a clear attempt to create judicial anarchy” and “a classical act of abuse of court process.”
In a judgment delivered recently, Honourable Justice Emeka Nwite struck out the suit filed by James Erebuoye, Emon Aje Okune, and Dorason Global Construction Ltd. against ICPC, Polaris Bank Ltd., and Sterling Bank Plc.
The court held that the case, marked FHC/ABJ/CS/387/2022, was improperly before it and constituted an abuse of judicial process.
The court found that the plaintiffs had previously instituted two similar suits—CV/2278/2020 and CV/2279/2020—before the FCT High Court, challenging the same PND directives issued by ICPC.
On February 16, 2021, Hon. Justice Babangida Hassan dismissed both suits and affirmed that ICPC is empowered under Section 45(1) of the ICPC Act to impose a PND without first obtaining a court order.
Despite appealing that ruling at the Court of Appeal, the plaintiffs instituted another suit before the Federal High Court, seeking identical reliefs, including ₦95,287,200.00 in damages.
Justice Nwite held that the plaintiffs’ conduct amounted to an attempt to re-litigate already settled matters and to improperly invite the Federal
High Court to sit on appeal over a judgment of a court of coordinate jurisdiction.
ICPC, supported by Polaris Bank and Sterling Bank, had argued through a Preliminary Objection that the Federal High Court lacked jurisdiction to hear the matter.
The court agreed, stressing that a court of equal standing cannot review or overturn the decision of another court of similar jurisdiction.
The judge further noted that since the plaintiffs’ appeals against the 2021 judgment remain pending before the Court of Appeal, the proper legal course was to await the appellate court’s decision rather than initiate fresh proceedings in another court.
Consequently, Justice Nwite dismissed the suit in its entirety and awarded costs of ₦200,000 each in favour of ICPC, Polaris Bank, and Sterling Bank, totaling ₦600,000 against the plaintiffs.
The judgment reinforces ICPC’s statutory authority to issue Post-No-Debit directives in the course of investigations and strengthens judicial deterrence against forum shopping and repetitive suits filed in search of conflicting outcomes.
Source; PM News