• October 25, 2016
  • Posted by: Stephen Azubuike
  • Category: Case Law Blog
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On whether the ICPC Act No. 6 of 2003 as contained in Cap. C31, LFN 2010 is a valid law.

Attorney-General of the Federation v. Chief Anyim Pius Anyim & 3 0rs. Suit No: FHC/ABJ/CS/225/2003, per Ukeje, J. at 32-34:

“I therefore reiterate that the ICPC Act 2003, passed on 7th and 8th of May 2003 by the Defendants respectively without observance of the relevant due process of Law is unconstitutional and void… Meanwhile, and in the final analysis, The Corrupt Practices and Other Related Offences Act 2000, as construed and validated by the Supreme Court in the Appeal in a Suit between the Attorney-General of Ondo State and The Attorney-General of the Federation, remains the existing Law on the subject”.

Notes:

In Attorney-General of Ondo State v. Attorney-General of the Federation [2002] 9 NWLR (Pt. 772) 222; (2013) 1 ICPCLR, 254, although the apex Court struck down Sections 26(3) and 35 of the ICPC Act 2000 as being unconstitutional, it applied the blue-pencil rule to strike them out from the Act and upheld the Act as a valid piece of legislation.



Stephen Azubuike
Author: Stephen Azubuike
Stephen is a lawyer with expertise in Commercial Dispute Resolution and Technology Law practice. He is a Partner at Infusion Lawyers. He has successfully argued cases from the High Courts of various jurisdictions to the Appellate Courts on behalf of financial institutions, other corporate bodies and multinationals. He has advised a number of both established and startup tech companies. He tweets @siazubuike.

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